Neutral Citation No. - 2025:AHC:69575 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 14209 of 2025 Applicant :- Anil Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Kumar Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Ravindra Kumar, learned counsel for the applicant and Sri Mohd. Shoib Khan, learned AGA for the State. 2. The present application has been filed to quash the impugned order dated 03.04.2025 passed by learned Additional District and Sessions Judge, Kasganj in Session Case No.620 of 2021, arising out of case crime no.233 of 2021, under Sections-498A, 302 IPC, Police Station-Sahawar, District-Kasganj. 3. Learned counsel for the applicant has submitted that daughter of deceased Km. Divyanshi and her son Ritik were material witnesses but on the application of the prosecution, they were discharged. It is further submitted that impugned order may be quashed and direction may be issued to examine Km. Divyanshi and Ritik. 4. Learned AGA has vehemently opposed the prayer and submitted that it is the discretion of the prosecution to examine some of the witnesses and not to examine any witness. Therefore, there is no illegality in the impugned order. 5. After considering the submission of learned counsel for the parties and on perusal of record, it appears that on the application of the prosecution, daughter of the deceased Km. Divyanshi as well as son of the deceased Ritik were discharged as prosecution witnesses. Therefore, there is no illegality in the impugned order. 6. However, it is open for the accused to examine those witnesses as defence witnesses at appropriate stage. 7. Accordingly, present application is rejected. Order Date :- 2.5.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad