Neutral Citation No. - 2025:AHC:86680 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 17155 of 2025 Applicant :- Gopal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devesh Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been preferred against the order dated 25.04.2025, passed by learned Judicial Magistrate-IX, Mathura in Complaint Case No. 3461 of 2019, under Section 419, 420 IPC, Police Station Goverdhan, District Mathura, whereby the opportunity of cross- examination from witness/PW-1 Sita Ram has been closed. 3. Learned counsel for the applicant submitted that applicant is accused in the aforesaid case. On 25.04.2024 the case was fixed for evidence and witness was present but counsel for applicant was not well and thus an application for adjournment was moved and that application has been rejected by the learned Magistrate vide impugned order dated 25.04.2025 in an arbitrary manner and the opportunity of cross-examination of PW-1 was closed. Learned counsel submitted that in the interest of justice, one opportunity may be provided to the applicant to cross-examine the witness/PW-1 Sita Ram. 4. Learned AGA has opposed the application and submitted that there is no illegality or perversity in the impugned order. 5. Perusal of record shows that applicant is accused in the aforesaid case and on 25.04.2025 PW-1 Sita Ram was present for his cross-examination but an application was moved on behalf of applicant to adjourn the case. Considering objections of the complainant and the fact that complainant is stated aged about 90 years, the adjournment application was rejected and opportunity of cross-examination from PW-1 Sita Ram was closed. Considering entire facts of the matter, in the interest of justice it appears that one opportunity be provided to the applicant to cross-examine from PW-1 Sita Ram subject to some costs, so that the complainant may be compensated to some extent. 6. In view of aforesaid, the impugned order dated 25.04.2025 is set aside and the trial court concerned is directed to provide one opportunity to the applicant/accused to cross-examine the PW-1 Sita Ram, subject to costs of Rs. 700/-. The applicant shall deposit the costs before the trial court concerned within a period of three weeks from today and after that learned trial court shall provide an opportunity to the applicant to cross-examine the PW-1 Sita Ram. The said costs shall be payable to the witness/PW-1 Sita Ram. If the costs are not deposited/paid within the aforesaid period, the impugned order shall be considered effective. 7. The application under Section 528 BNSS is disposed of in above terms. Order Date :- 22.5.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad