Neutral Citation No. - 2025:AHC:66308 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 12382 of 2025 Applicant :- Indresh Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nimesh Kumar Shukla,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Manoj Kumar Tripathi, Advocate, holding brief of Sri Vinod Kumar Tripathi, learned counsel for the applicants and Sri Raj Bahadur Verma, learned AGA for the State. 2. The present application has been filed to quash the order dated 17.03.2025 passed by learned Additional Session Judge (Fast Track Court)-II, District-Jaunpur in Session Trial No.375 of 2016, arising out of case crime no.431 of 2016, under Sections-498-A, 304B IPC and Section 3/4 D.P. Act, Police Station-Meerganj, District-Jaunpur. Further prayer has been made to reconsider the application of the applicants dated 01.03.2025 as fresh. 3. Learned counsel for the applicants has submitted that examination-in-chief of DW-13 was completed and he was present on 16.01.2025 for cross-examination, but the prosecution could not complete his cross-examination. Therefore, matter was posted on 28.01.2025 for further cross-examination of DW-13. On that date, an adjournment application was moved on behalf of DW-13 on the ground that he was not well. Thereafter, DW-14 was produced before the court on 07.02.2025, but DW-13 was not produced for cross-examination. Therefore, on 18.02.2025, again an adjournment application on behalf of DW-13 on the ground of his illness. On that date, court below has closed opportunity of prosecution on 18.02.2025 for examination of DW-13. To recall that order, application no.74 Kha was filed by the applicants, which was rejected erroneously by the court below on 17.03.2025. It is further submitted that the applicants may be permitted to produce DW-13 for cross- examination, as he is a necessary defence witness. 4. Per contra, learned AGA has opposed the prayer and submitted that perusal of record shows the intention of applicants for non-producing DW-13 and the purpose of taking adjournment is to delay the trial. Therefore, the application of the applicants to recall the order dated 18.02.2025 was rightly rejected by the court below vide order dated 17.03.2025. 5. After hearing the submission of learned counsel for the parties and on perusal of record, it appears that the defence witness DW-13 was produced for examination-in-chief. Subsequently, he was cross-examined by the prosecution on 16.01.2025, but the prosecution could not complete his cross-examination. On the next two days, though the applicants has produced DW-14, but they could not produce DW-13 on the ground of his illness. Subsequently, the court has closed the opportunity to produce the DW-13 for cross- examination. 6. In the present case, a defence witness has been produced by the accused and he was partly cross-examined by the prosecution, but the prosecution could not complete his cross-examination on a particular date, merely because on two subsequent dates, that defence witness could not appear before the court for cross-examination, because of illness, though, the accused have already produced their defence witness DW-14, will not be sufficient to close his opportunity. This court is, therefore, of the view that the aforesaid facts show that there is no intention on the part of the prosecution to delay the trial. 7. Therefore, in the interest of justice, it would be appropriate that DW-13 be allowed to be produced before the court to cross-examination by the prosecution. 8. In view of the above, order dated 17.03.2025 as well as order dated 18.02.2025 are set-aside and court below is directed to permit the DW-13 to appear before it for the cross-examination by the prosecution. 9. It is made clear that if the applicants fail to produce DW- 13 on a date to be fixed by the court below, then the applicants will not be entitled to get the benefit of this order. Thereafter, the court below is free to proceed further. 10. With the aforesaid observations, present application is allowed. Order Date :- 29.4.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad