Neutral Citation No. - 2025:AHC:111136 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 12102 of 2025 Applicant :- Imtiaz Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abha Gupta Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. This application has been filed by applicant for quashing the impugned order dated 28.02.2024 passed in Session Trial No. 02 of 2020 Case Crime No. 221 of 2019 u/s 498-A, 302, 149 I.P.C. & 3/4 D.P. Act, P.S. Rail Bazar, Kanpur Nagar (State V/s Imtiaz and Others) by Additional Session Judge, Court No. 1, Kanpur Nagar, and further prayed that applicant's application paper No.17Ka dated 30.01.2024 u/s 311 Cr.P.C. may be allowed. 3. It is submitted by learned counsel for the applicant that an application under Section 311 Cr.P.C. was filed which has been rejected by the impugned order dated 28.02.2024. Learned counsel for the applicant submits that eye-witnesses in the charge-sheet were not produced before the court concerned and as such the application was filed by the applicant to produce the aforesaid witnesses as prosecution witnesses. 4. Learned counsel for the applicant submits that the aforesaid witnesses are the eye-witnesses and they would throw the light on the prosecution case. It is further submitted that till date the prosecution evidence is going on. The trial court has rejected the aforesaid application on the ground that it is for the prosecution to decide as to which witness is required to be produced. The trial court has also recorded the finding that it is always open for the applicant to produce the aforesaid witness as defence witness. It is submitted that production of the aforesaid witnesses will help the defence case. 5. It is to be seen that it is the prerogative of the prosecution to decide as to which evidence is required for proving the case although the court concerned would have power to call upon the witnesses, if required, however, just because the prosecution has not produced the eye-witnesses, it is the prosecution who will suffer the consequences. If the applicant wants to call upon the witnesses as the defence witnesses it is always open for the applicant till date the evidence has not been closed and as such this Court finds no error in the impugned order. 6. Accordingly, the present application is dismissed. Order Date :- 11.7.2025 S.Prakash Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad