Neutral Citation No. - 2025:AHC:79405 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 3079 of 2025 Petitioner :- Mohan Yadav Respondent :- State Of Uttar Pradesh And Another Counsel for Petitioner :- Sanjai Kumar Singh Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. The present petition under Article 227 of the Constitution of India has been filed with the following prayers: "(i) Call for the records and quash and set aside the impugned order dated 11.2.2025 passed by the Additional Sessions Judge/FTC-II, Kushinagar at Padrauna in Sessions Trial No. 598 of 2020 (State vs. Arvind Yadav and others) arising out of Case Crime No. 0157 of 2020, under Sections 147, 323, 504, 304 and 34 of the IPC, Police Station Pataherwa, District Kushinagar. (ii) Direct the learned Additional Sessions Judge/FTC-II, Kushinagar at Padrauna to recall and summon prosecution witnesses PW-8 Mrityunjay Singh (Investigating Officer) and PW-9 Shri Santosh Kumar Yadav (Tehrir Writer) for cross examination in the interest of justice." It has been submitted by learned counsel for the petitioner that the PW-8 and PW-9 has not been cross examined till date. Petitioner filed an application under Section 348 of the Bharatiya Nagarik Suraksha Sanhita seeking recall of the orders dated 21.10.2024, 10.12.2024 and 21.12.2024. It has also been submitted that the learned Additional Sessions Judge, FTC-II, vide its order dated 11.2.2025, rejected the application and no opportunity of cross-examination has been given to the petitioner. Considering the aforesaid facts, in case, the petitioner deposits the legal expense of Rs. 10,000/- within 15 days before the Trial Court payable to PW-8 and P.W-9, the Court shall fix the date for the cross examination of PW-8 and PW- 9 within a period of three weeks from the date of production of a certified copy of this order. Accordingly, the impugned order dated 11.2.2025 passed by the Additional Sessions Judge/FTC-II, Kushinagar at Padrauna in Sessions Trial No. 598 of 2020 (State vs. Arvind Yadav and others) arising out of Case Crime No. 0157 of 2020, under Sections 147, 323, 504, 304 and 34 of the IPC, Police Station Pataherwa, District Kushinagar is hereby set aside and directing the court concerned to give the required opportunity as aforesaid. With the aforesaid direction, the writ petition is allowed. Order Date :- 14.5.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad