Neutral Citation No. - 2025:AHC:85625 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 12578 of 2025 Applicant :- Bhoora Alias Harpal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Srivastava,Shivangi Bhargava Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant and the learned A.G.A. for the State-respondent. 2. The applicant has challenged the order dated 21.03.2025 passed by the learned Sessions Judge, Rampur in Sessions Trial No. 195 of 2024, titled State of U.P. v. Buddhsen and Others, arising out of Case Crime No. 41 of 2024, under Sections 147, 148, 323, and 302 I.P.C., registered at Police Station Kemri, District Rampur, whereby the learned trial Court rejected the application filed by the applicant under Section 311 Cr.P.C. on the ground that the applicant had failed to avail the opportunity to cross-examine the prosecution witnesses on the scheduled dates, i.e., 14.08.2024 and 28.08.2024. 3. Learned counsel for the applicant submits that the applicant's counsel was unable to appear on the said dates due to the arrest of all family members of the applicant in another criminal case, which prevented effective legal assistance. 4. Upon perusal of the record, it is evident that the learned trial Court had granted adequate opportunity to the applicant to cross- examine the witnesses. The applicant's failure to avail such opportunity, without justifiable cause, reflects a lack of due diligence. Such negligence weakens the grounds urged in the present application. 5. In view of the above, the application is found to be devoid of merit and is, accordingly, dismissed. Order Date :- 21.5.2025 Shafique Vinod Diwakar, J. Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad