Neutral Citation No. - 2025:AHC:50380 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 11333 of 2025 Applicant :- Nadeem And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Singh,Satish Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Santosh Kumar Singh, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicants-Nadeem and Danish, who are charge sheeted accused and facing trial before court below, have 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 17.01.2025 passed by the Court of Additional Session Judge Nagina District Bijnor in Session Case No. 1093 of 2024 (State Versus Ujjama and others) Case Crime No.0014 of 2024 Under Section 302/34 I.P.C. Police Station- Dehat, District- Bijnor, which is pending in the Court of Additional District and Session Judge Nagina District Bijnor and direct the court below to reconsider the application of the applicants.. dated 07.01.2025, Under Section 311 Cr.P.C and permitted applicants to cross examined the to the P.W.-1 (informant) otherwise the applicants shall suffer irreparable loss and injury. And/or pass any such other order which this Hon'ble Court may deem fit and proper under the facts and circumstances, of case;." 4. Record shows that during pendency of aforementioned sessions case, an application dated 07.01.2025 under Section 311 Cr.P.C. was filed on behalf of applicants before court below seeking recall of P.W.-1. This application filed by accused/applicant was opposed by the prosecution. Ultimately, court below by means of order impugned dated 17.01.2025 rejected the aforementioned application on the findings that due opportunity was given to applicants to cross-examine P.W.-1. As such, the application under Section 311 Cr.P.C. has been engineered only to get P.W.-1 declared hostile. However, the questions which are proposed to be put to the witnesses i.e. P.W.-1 are not at all relevant for deciding the controversy in hand. 5. At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that the application under Section 311 Cr.P.C. filed by accused/applicant before court below contains the questions which are proposed to be put to the witness i.e. P.W.-1 but no pleading with regard to the relevancy of the same has been raised in the said application. In the absence of above, the parameters laid down by Apex Court for judging the bonafide of an applicant in filing the application under Section 311 Cr.P.C. in Raja Ram Prasad Yadav Vs. State of Bihar and another (2013) 14 SCC 461, cannot be applied. Furthermore, the findings returned by court below could not be dislodged by the learned counsel for applicant as being illegal, perverse or erroneous. It is well settled that if the findings cannot be dislodged, the conclusion cannot be altered. On the above premise, the learned A.G.A. thus submits that no interference is warranted by the Court in present application. 6. When confronted with above, the learned counsel for applicants could not overcome the same. 7. Having heard the learned counsel for applicants, 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 occasion arises before this Court to entertain the present application. 8. As a result, present application fails and is liable to be dismissed. 9. It is accordingly dismissed. Order Date :- 8.4.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad