Neutral Citation No. - 2025:AHC:33187 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 2275 of 2025 Petitioner :- Vikas Vikram Singh And Another Respondent :- State of U.P. Counsel for Petitioner :- Somesh Khare Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Somesh Khare, learned counsel appearing on behalf of petitioner and learned AGA for the State. 2. Present petition has been preferred with the following prayers:- "(i) To pass suitable orders setting aside the impugned order dated 10.2.2025 and 7.2.2025 passed by Additional District and Sessions Judge/ FTC-I, Azamgarh in Sessions Trial no. 100 of 2020 (State versus Rajeev Singh). (Annexure no. 6 to the petition)." 3. The instant petition has been preferred for challenging order dated 10.02.2025 through which application preferred at the behest of the petitioner under Section 311 Cr.P.C. has been declined by learned trial court. 4. Learned counsel for the petitioner sought the attention of the Court over the order dated 10.02.2025 wherein certain observation has been made that the opportunity for cross-examining PW1 has already been extended in favour of the petitioner and the same has been availed and as such to recall PW1 for re-cross examination is not permissible. The same was never ever prayed by the petitioner while preferring application dated 10.02.2025 only for recalling PW5 who prepared two site plans in respect of the place of occurrence which is admitted in the statement recorded by PW5 himself. 5. Learned counsel for the petitioner further submitted that germane of the mater initiates from the place of occurrence itself and as such the cross examination which was earlier conducted through video conferencing was not very much clear and learned counsel who was appearing on behalf of defence was suffering from certain tetanus disease and was not in position to properly conduct the cross- examination through video conferencing and the same was not audible also. 6. Per contra, learned AGA vehemently opposed the prayer as made in the petition and rebutted the stand taken up by learned counsel for the petitioners and also highlighted the reasoning recorded by learned trial court while dismissing the application preferred at the behest of the petitioner that there is a specific direction passed by co-ordinate Bench of this Court for expedite disposal of the trial preferably within one month vide order dated 23.1.2025 passed in Criminal Misc. Bail Cancellation Application no. 599 of 2023 (Vivek Singh vs. State of U.P. and another). 7. After hearing the rival submissions extended by learned counsel for the parties, one thing is crystal clear that there was no issue available in the application dated 10.02.2025 preferred at the behest of the petitioner for recalling PW1 and the discussion of the same while passing order dated 10.02.2025 was completely and purely uncalled for. So far as recalling PW5 is concerned, no discussion has been made in reference of improper conduction of cross-examination through video conferencing which was not audible at that time and as per the latest procedure adopted in shape of video conferencing was also not very much familiar to the counsels who already practiced before learned trial court for near about more than 30 years. 8. Considering the aspect involved in the matter and especially in the light of the order dated 23.01.2025 passed by co-ordinate Bench through which learned trial court was expected to conclude the trial within a month positively but till today the same is pending which is also not disputed. Once the trial has not been concluded within the time frame in spite of the order dated 23.01.2025 passed in Criminal Misc. Bail Cancellation Application no. 599 of 2023, only two dates is hereby extended in favour of petitioner for cross-examining PW5 which will be fixed by learned trial court immediately after production of certified copy of this order with intimation to learned counsel for defence. Order dated 10.02.2025 passed by Additional District and Sessions Judge/ FTC-I, Azamgarh in Sessions Trial no. 100 of 2020 is hereby set aside. Matter is remitted back to learned trial court in the light of the direction as made above. However, it is made clear if the defence failed to avail opportunity of cross-examination within the stipulated two dates which will be fixed by learned trial court, the same shall stood forfeited and the trial may commence in the light of the order dated 23.01.2025 passed by co-ordinate bench of this Court. 9. The instant petition stands allowed accordingly. Order Date :- 7.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad