Neutral Citation No. - 2025:AHC:106239 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 19938 of 2025 Applicant :- Anil And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kiran Yadav,Sanjay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Sanjay Kumar Yadav, learned counsel for the applicants, learned A.G.A. for the State- opposite party no. 1 and perused the record. 2. This application under Section 528 BNSS has been filed with the request to quash the order dated 21.05.2025 passed in Sessions Trial No. 568 of 2017 (State vs. Dabloo @ Kameshwar Singh) in Case Crime No. 416 of 2017, under Section 147, 149, 302, 201, 120-B I.P.C., Police Station Cantt, District Gorakhpur. 3. The submission of learned counsel for the applicants is that an F.I.R. was lodged by opposite party no. 2 on 23.04.2017 in Case Crime No. 0416 of 2017, under Section 147, 149, 302, 201 I.P.C. and after investigation police submitted charge-sheet on 08.07.2017, upon which, learned Magistrate committed the matter to the Sessions for trial and trial court after framing the charge, summoned the applicants for trial in Sessions Trial No. 568 of 2017 and examined the witnesses. During the pendency of trial, applicants moved and application under section 311 of Cr.P.C. on 21.03.2025 before the Special Judge, P.C. Act Gorakhpur for re-examination of witness, the same was rejected by the trial court vide order dated 21.05.2025, which is under challenge by means to the instant application. 4. Shri. S.K. Yadav, learned counsel for the applicants submits that there is contradiction in the statement of P.W.-2, who come up with the new facts. He further submits that witness has not been cross-examined on this point. He further submits that application filed under section 311 Cr.P.C. has been dismissed by the trial court without considering the facts of the case, therefore, order passed by the trial court in the aforementioned application is liable to be quashed. 5. Per contra, learned AGA submits that the statement of witness had been recorded under section 313 Cr.P.C. in the year 2018. He further submits that applicants have filed the application under section 311 Cr.P.C. in the year 2025 only to hold back the trial. He further submits that P.W.-2 has been properly examined by the counsel for the applicants, the said application has been filed just to put lacuna in the case, therefore, no interference is required by this Court in the instant matter. 6. Heard learned counsel for the parties and perused the record. 7. It is evident that the statement of P.W.-2 was recorded in the year 2018 and applicants counsel had duly examined the witnesses at that time and after seven years, an application under section 311 Cr.P.C. has been filed by the applicants for re-examination of the witness, and the said application has been rightly rejected by the trial court after considering the facts of the case. It seems that the application has only been filed with the intention to delay the trial. 8. Considered the submission advanced on behalf of both parties and having perused the material on record, this court does not see any illegality, incorrectness or impropriety in the order passed by the trial court and there seem to be no abuse of the Court's process also, therefore, the prayer for quashing of orders dated 21.05.2025 passed in Sessions Trial No. 568 of 2017 (State vs. Dabloo @ Kameshwar Singh) in Case Crime No. 416 of 2017, under Section 147, 149, 302, 201, 120-B I.P.C., Police Station Cantt, District Gorakhpur, is refused. 9. Application filed under section 482 Cr.P.C. lacks merit and is accordingly dismissed. Order Date :- 7.7.2025 Bhanu Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad