Neutral Citation No. - 2025:AHC:42779 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 9286 of 2025 Applicant :- Rahees Ahmad Opposite Party :- State Of U.P. Through Secrtary Home Counsel for Applicant :- Ainul Haq Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Ainul Haq, the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and Mr. Sunil Kumar Dwivedi, Advocate who has put in appearance on behalf of accused. 2. Perused the record. 3. Applicant-Rahees Ahmad, who is first informant, has approached this Court by means of present application under Section 528 BNSS with the following prayer: "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the Order dated 24.02.2025 passed by the Ld. Additional Session Judge, Court No.- 1, Bulandshahr in Session Trial No. 171 of 2013 (State Vs. Fareed & others), arising out of Case Crime No. 570 of 2012, under section 147, 148, 149, 307, 302, 452, 34 of 1.P.C. & 7 of Criminal Law Amendment Act, Police Station-Kotwali Nagar, District- Bulandshahr, in the interest of justice. It is further prayed that this Hon'ble court may kindly be pleased to direct the Ld. court below to reconsider the Application u/s 311 Cr.P.C. dated 18.02.2025 and summoned the witnesses for examination for fair trial. It is further prayed that this Hon'ble court may kindly be pleased to stay the effect and operation of order dated 24.02.2025, during the pendency of the present application, so that justice may be do done. And/or may be pleased to pass any other order or direction which this Hon'ble court may deem fit and proper in the present fact and circumstances of the case." 4. At the very outset, the learned A.G.A. has raised a preliminary objection by contending that the charge sheeted accused who are facing trial before court below have not been impleaded as party respondents/opposite parties in present application. As such, present application sufferes from the vice of non-joinder of necessary and proper parties. In absence of necessary and proper parties, the present application is not maintainable and therefore, the same is liable to be dismissed by this Court. 5. It is then contended by the learned A.G.A. that court below vide order dated 04.02.2025 closed the opportunity of the prosecution to adduced the witnesses mentioned in Sl. No. 4, 6 and 11 of the charge sheet/police report submitted by the Investigating Officer in terms of Section 173 (2) Cr.P.C. However, the order dated 04.02.2025 has not been challenged. In view of above, the order dated 04.02.2025 has become final for want of any further challenge. In view of above, the application dated 18.02.2025 under Section 311 Cr.P.C. filed by applicant for summoning aforementioned witnesses and for recording their depositions was not maintainable. Therefore, the same has been rightly rejected by court below. On the above premise, the learned A.G.A. submits that no illegality has been committed by court below in passing the order impugned. As such, no interference is warranted by this Court in present application. 6. When confronted with above, the learned counsel for applicant could not overcome the same. 7. Having heard the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application under Section 528 BNSS are not only borne out from the record but furthermore the same could not be dislodged by the learned counsel for applicant with reference to the record at this stage. As such, no good ground exists to entertain the present application. 8. In view of above, present application fails and is liable to be dismissed. 9. It is accordingly dismissed. Order Date :- 24.3.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad