Neutral Citation No. - 2025:AHC:112054 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 15011 of 2025 Applicant :- Roop Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Bhan Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. As per the compliance affidavit, notice is personally served upon opposite party no. 2. However, despite service of notice, no one has put in appearance on his behalf. 2. Heard learned counsel for the applicants as well as learned A.G.A. for the State. 3. Applicant has invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the order dated 08.04.2025, passed by the learned Additional Sessions Judge/ Special Judge, SC/ST (Prevention of Atrocities) Act, Budaun in Sessions Case No. 433/2021 (State vs. Dinesh and Others), under Sections 323, 504, 506 I.P.C. and Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station Ujhani, District Budaun. It is further prayed that the court concerned may be directed to provide an opportunity for re-cross-examination of Prosecution Witness No. 1 Satyapal and Prosecution Witness No. 3 Munni Devi. 4. Having considered the rival submission advanced by learned counsel for the applicant and learned A.G.A. for the State- respondent, it manifests that opportunity of the present applicant to cross-examine P.W.-1 and P.W.-3 has been closed on different dates. As per observation made by learned trial court in the order impugned dated 08.04.2025, opportunity of the present applicant to cross-examine the P.W.-1 has been closed on 27.01.2025, however, opportunity to cross examine the P.W.-3 has been closed on 24.02.2025. On both the dates despite repeated call, no one has appeared to cross examine the witnesses. Learned trial court has further observed that in the application seeking opportunity to cross examine both the witnesses, applicant has taken common ground that his counsel was engaged in another court. 5. I am skeptical of the submission advanced by learned counsel for the applicant that proper opportunity had not been accorded to the applicant, however, in the interest of justice it would be befitting to grant a last opportunity to the present applicant to cross examine the P.W.-1 and P.W.-3. Therefore, to observe fair trial, last opportunity is accorded to the present applicant (accused) to cross examine the P.W.-1 and P.W.-3. Learned trial court concerned is hereby directed to call upon both witnesses (P.W.-1 and P.W.-3) on the date fixed, as per his satisfaction, and on the said date, present applicant shall cross examine the aforesaid witnesses. It is clarified that if the cross-examination of the witnesses cannot be concluded on the same date, it shall continue on the next working day. 6. It is made clear that, in case the present applicant fails to cross- examine the witnesses, namely P.W.-1 and P.W.-3, no further opportunity shall be accorded to him. 7. In this conspectus as above, to secure the ends of justice, instant application is partly allowed and the order under challenge dated 08.04.2025 passed by learned Additional Sessions Judge/ Special Judge, SC/ST (Prevention of Atrocities) Act, Budaun, is hereby modified to the extent, as mentioned above. Order Date :- 9.7.2025 Sumit K. Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad