Neutral Citation No. - 2025:AHC:106108 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 21313 of 2025 Applicant :- Ripul Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhiraj Singh,Ragvendra Singh Rathour Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant application under section 528 BNSS has been preferred to quash the entire proceedings of Criminal Case No.04 of 2022 (State of U.P. vs. Ripul and Others) arising out of Case Crime No.73 of 2022, under section 25(1-B)(a) Arms Act, P.S. Kiratpur, District- Bijnor, pending in the court of learned Special Judge (SC/ST Act), Bijnor as well as to quash the order dated 17.05.2025 passed in aforementioned case, whereby the application dated 09.05.2025 preferred under section 348 BNSS/311 Cr.P.C. has been rejected. 3. Learned counsel for the applicant submitted that the impugned order has been passed by learned court concerned is illegal and against the material on record, since during trial P.W.1, P.W.2 and P.W.3 has been examined in absence of accused/applicant's counsel. It is also submitted by learned counsel for applicant that for fair and accurate trial of aforementioned case and for right conclusion of the same, the testimony/cross-examination of P.W.1, P.W.2 and P.W.3 is must and necessary and as such the order passed by learned court concerned may be liable to be quashed by this Court. 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that there is no valid ground for exceeding the prayer made through instant application, since the position of applicant remains same as it was at the time when he was entitled to cross-examine the witnesses and at present also the reasoning recorded by learned trial court while rejecting the application under section 311 Cr.P.C./ 348 BNSS preferred at the behest of accused-applicant is quite justified. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, no interference is required by this Court to entertain this application. 6. In view thereof, the instant application under section 528 BNSS lacks merit and is hereby dismissed. Order Date :- 7.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad