Neutral Citation No. - 2025:AHC:115091 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 15416 of 2025 Applicant :- Monish Qureshi alias Monish Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Compliance affidavit filed today by the learned AGA is taken on record. Office is directed to proceed accordingly. 2. As per compliance affidavit, notice has been served upon the respondent No. 2. Despite service of notice, no one has put in appearance on her behalf. 3. Heard learned counsel for the applicant, leaned AGA for the State-opposite party No. 1 and perused the record. 4. The applicant has invoked the inherent jurisdiction of this Court under Section 528 BNS for quashing of the impugned order dated 19.3.2025 passed in S.T. No. 717 of 2021 (State Vs. Monish Qureshi), arising out of Case Crime No. 249 of 2021, under Sections 294, 504, 506, 509 I.P.C. and Section 3(1)(r)(s) SC/ST Act, Police Station Saidnagali, District Amroha, pending before Special Judge SC/ST Act, Amroha, whereby the application dated 19.3.2025 moved by the accused for cross-examination of the prosecution witnesses has been rejected. 5. Having considered the rival submissions advanced by the learned counsel for the applicant as well as learned AGA and upon perusal of the record, it manifests that while the present applicant was in jail, his opportunity to cross-examine PW-3 and PW-5 has been closed on 15.9.2022 and 20.7.2023, respectively, in his counsel's absence. PW-1 is the father of the victim (first informant) and PW-5 is the sister of the first informant. Learned court concerned has passed a detailed order, while rejecting the application under Section 311 CrPC. Present applicant (accused) was throughout appearing in the court, while in incarceration through video conferencing. However, his counsel could not appear and cross-examin PW-3 and PW-5. 6. I am skeptical of the submission advanced by the learned counsel for the applicant that proper opportunity of hearing has not been afforded to the present applicant to cross-examine the PW- 3 and PW-5. However, having considered the facts and circumstances of the present case and to secure the ends of justice, I am of the opinion that one last opportunity should be accorded to the present applicant so that he could avail the opportunity of fair trial. Not giving an opportunity to cross-examine PW-3 and PW-5 may cause prejudice to the case of the accused and it would not be befitting to preclude him from a fair trial. 7. As such, instant application under Section 528 BNSS is allowed and the order dated 19.3.2025 passed by the Additional District and Sessions Judge/Special Judge, SC/ST Act is quashed. Learned trial court is hereby directed to grant one more opportunity to the present applicant to cross-examine PW-3 and PW-5 by fixing a specific date as per his convenience. 8. It is made clear that on the said date, both the witnesses would be called upon for the purposes of cross-examination. In case, the cross-examination of PW-3 and PW-5 is not concluded on the same date, it will continue to the next working date to the satisfaction of the court concerned. 9. It is clarified that, in case, the accused (applicant) fails to cross- examine PW-3 and PW-5 on the dates fixed by the court below, no further opportunity shall be granted for cross-examination of the aforesaid prosecution witnesses. Order Date :- 16.7.2025 vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad