Neutral Citation No. - 2025:AHC:55832 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 12576 of 2025 Applicant :- Vikram Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Rajesh Shukla, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicants-Vikram Sharma and Sunil, 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, prayed therefore most that this Hon'ble respectfully Court may graciously be pleased to allow the present Criminal Misc. Application applicants and the quash 31.01.2025 passed of the order dated the by Additional Session Judge Court learned No. 5 Mathura in Session Case No. 419 of 2019 (State Vs. Sunil) arising out of Case Crime No. 122 of 2019 under section 302, 201 I.P.C., Police Station District Mathura, otherwise Chhata, the applicant shall suffer irreparable loss and injury. It is further prayed that this Hon'ble Court may graciously be pleased to direct the learned Trial Court to re-conduct the statement of P.W.-1 namely Anju Sharma in presence of applicant, otherwise the applicant shall suffer irreparable loss and injury. And/or pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case to meet the ends of justice." 4. At the very outset, the learned A.G.A. representing State- opposite party-1 submits that the Apex Court in Raja Ram Prasad Yadav Vs. State of Bihar and another (2013) 14 SCC 461 has laid down the parameters, which are required to be examined for judging the bonafide of an accused/applicant in filing an application under Section 311 Cr.P.C. When the aforesaid parameters are applied to the present case, it is evident that the questions, which are proposed to be put to the witnesses, who are sought to be recalled have not been detailed in the application under Section 311 Cr.P.C. Since the proposed questions have not been mentioned, therefore, no pleading with regard to the relevancy of the same have been made in the application under Section 311 Cr.P.C. filed by accused/applicant before court below. He therefore submits that in absence of above, no effective adjudication can be made qua the bonafide of the applicant in filing the aforementioned application. As such, present application is liable to be dismissed by this Court. 5. When confronted with above, the learned counsel for applicants could not overcome the same. 6. 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. 7. As a result, present application fails and is liable to be dismissed. 8. It is accordingly dismissed. Order Date :- 16.4.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad