Neutral Citation No. - 2025:AHC:107507 Court No. - 86 Case :- CRIMINAL REVISION No. - 1035 of 2025 Revisionist :- Subhash Maurya And 2 Others Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ashiyam Nasir,Shabeena Begum Counsel for Opposite Party :- G.A. Hon'ble Manjive Shukla,J. 1. Heard Ms. Shabeena Begum, learned counsel appearing for the revisionists and learned Additional Government Advocate appearing for the State. 2. The instant criminal revision has been filed challenging therein, the order dated 6.1.2025 passed by the learned Additional District and Sessions Judge/Fast Track Court Ist, Varanasi in Sessions Trial No.320 of 2024 (State Vs. Subhash Maurya and others) whereby, the application filed by the revisionists, under Section 217 Cr.P.C. for recalling the P.W.-1 and P.W.-2 for their cross examination, had been rejected. 3. It has been contended on behalf of the revisionists that initially, while framing charge, the trial court did not mention the date and time of the incident but later on, on the application filed by the revisionists under Section 216 Cr.P.C. charge was altered and now, in the new charge the date and time of the incident has been mentioned therefore, there is necessity and relevance that the P.W.- 1 and P.W.-2 may be recalled and the counsel representing the revisionists may be allowed to cross examine them so that the necessary questions in respect of the date and time of the incident may be asked. 4. Learned counsel appearing for the revisionists has argued that without considering the relevant fact that the charge had already been altered wherein, the time and place of the incident had been inserted, the trial court had rejected the application filed by the revisionists under Section 217 Cr.P.C. whereas, it is necessary in the interest of justice that the P.W.-1 and P.W.-2 be recalled for their cross examination. 5. Learned Additional Government Advocate appearing for the State has opposed this criminal revision but could not point out any plausible reason for not allowing the application filed by the revisionists under Section 217 Cr.P.C. 6. I have considered the arguments advanced by the learned counsels appearing for the parties and I find that once the charge itself had been altered/amended and now, in the new charge the date and time of the incident had been inserted, it is necessary for the trial court to summon the P.W.-1 and P.W.-2 on one particular date and allow the counsel appearing for the revisionists to cross examine them in respect of the date and time of the incident. 7. In view of the aforesaid reasons, this criminal revision is allowed. The order dated 6.1.2025, passed by the learned Additional District and Sessions Judge/Fast Track Court Ist, Varanasi in Sessions Trial No.320 of 2024 (State Vs. Subhash Maurya and others), is set aside. 8. The trial court is hereby directed to fix one particular date in the matter and direct the P.W.-1 and P.W.-2 to appear on the said date and permit the counsel representing the revisionists to cross examine them. It is made clear that the trial court shall fix only one date for cross examination of the P.W.-1 and P.W.-2 and no further date shall be fixed for the said purpose. Order Date :- 8.7.2025 Salim Digitally signed by :- SALIM PRAVEJ High Court of Judicature at Allahabad