Neutral Citation No. - 2025:AHC:63354 Court No. - 76 Case :- MATTERS UNDER ARTICLE 227 No. - 3680 of 2025 Petitioner :- Arun Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Brijesh Kumar Yadav,Ranjana Counsel for Respondent :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State-respondent, and perused the record. 2. The instant petition has been preferred with the prayer to set aside the impugned order dated 28.01.2025 passed by the learned Sessions Judge, Agra in Criminal Appeal No. 90 of 2024, titled Arun Kumar v. Late Sri Girwar Dayal, arising out of Complaint Case No. 103 of 2016, titled Smt. Rubi alias Archana Gautam v. Arun Kumar and others, whereby the application under Section 311 Cr.P.C. has been rejected. 3. Learned counsel for the petitioner submits that by the impugned order, the right of the petitioner to cross-examine the witness has been closed. It is submitted that the reasoning given in paragraph-4 of the impugned order- to the effect that opportunities were afforded to the petitioner to cross-examine the witness on 02.06.2022 and 08.06.2022, but were not availed- is contrary to the record. Learned counsel has drawn attention to the orders dated 02.06.2022 and 08.06.2022 to contend that the court did not function after lunch on both days, though the parties were present before lunch and the witness could not be cross-examined due to circumstances beyond the petitioner's control. 4. However, upon perusal of the record and the impugned order, it is evident that adequate opportunity had been granted to the petitioner for cross-examination of the witness. The contention that the court did not function after lunch on the said dates is not supported by any contemporaneous material placed on record to rebut the findings of the lower appellate court. 5. In the given circumstances, this Court does not find any manifest illegality, material irregularity, or procedural impropriety in the impugned order warranting interference under Article 226 of the Constitution of India. 6. The instant petition is devoid of merits, and is accordingly, dismissed. Order Date :- 23.4.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad