Neutral Citation No. - 2025:AHC:107626 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 21011 of 2025 Applicant :- Mubarik Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Kuldeep Kumar, learned counsel for the applicant, Sri N.K. Upadhyay, learned A.G.A. for the State-O.P. no.1 and perused the record. 2. The present application has been filed by the applicant praying for quashing impugned order dated 21.05.2025 in Sessions Case No.5127 of 2022 (State vs. Sarfarj and others) arising out of Case Crime no.694 of 2022, under Sections 147, 148, 149, 302, 307, 120B IPC, Police Station-Khurja Nagar, District-Bulandshahr, pending before the court of Additional District and Sessions Judge/Court No.1, District-Bulandshahr. 3. An FIR was lodged on 15.07.2022 by O.P. no.2 against the present applicant and others for the offence under Sections 147, 148, 149, 302, 307, 120-B IPC wherein allegation of murder of father of the informant has been levelled against the accused persons. After completion of investigation, chargesheet was filed and thereafter summon was issued and subsequently, trial of the case commenced in the year 2022. The statement of PW 1 was recorded and he was also cross-examined and after evidence of PW 2, chance was given to applicant to cross-examine but he was not cross-examined. Thereafter, application u/s 311 Cr.P.C. was filed by the applicant which has been allowed vide order dated 03.05.2025 with cost of 6000/- and when the order dated ₹ 03.05.2025 was not complied with by the applicant, vide order dated 21.05.2025 the opportunity of cross-examination of PW-2 was closed, which has been assailed in this application. 4. Learned counsel for the applicant submitted that the court below has passed the order dated 21.05.2025 in a very unjust and arbitrary manner. He submitted that the applicant is a very poor person and is in jail, so he could not arrange ₹6000/- in terms of order dated 03.05.2025 for cross-examination of the witness. He further submitted that cross-examination of the witnesses is necessary for fair and just decision of the trial case. The impugned order is perverse, erroneous and unsustainable in the eyes of law. 5. Per contra, learned A.G.A. vehemently opposed the application and contended that entire exercise of filing application under Section 311 Cr.P.C. has been done by the applicant just to prolong the trial of the case. He further submitted that the Court below has rightly passed the impugned order and no interference is required by this Court in the impugned order. 6. I see no illegality in the impugned order passed by the trial court and I am of the view that the application under Section 311 Cr.P.C. was filed by the applicant just to prolong the trial of the case. However, the chance to cross-examine the witness was given by the court below by imposing the cost, but the applicant did not avail that opportunity and has now preferred the present application just to linger the trial of the case, which is clearly abuse of process of law in my opinion. I find no merit in the instant application. 7. The instant application is, accordingly, dismissed. Order Date :- 8.7.2025 Manish Himwan Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad