Neutral Citation No. - 2025:AHC:107544 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 20997 of 2025 Applicant :- Ravindra Saini Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri S.K. Tiwari, 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 03.05.2025 in S.T. No.724 of 2016 (State vs. Ravindra Saini and others) under Sections 302, 34, 506, 403 IPC, Police Station-Medical, District-Meerut, pending before the court of Additional District and Sessions Judge/F.T.C. Meerut by which application under Section 311 Cr.P.C. filed by the present applicant, has been rejected. 3. An FIR was lodged on 14.06.2015 by O.P. no.2 against the present applicant and others for the offence under Sections 302, 34 and 506 IPC wherein allegation of murder of son of the informant has been levelled against the accused persons as he was having love affair with the daughter of present applicant. After post mortem examination of deceased and completion of investigation, chargesheet was filed and thereafter summon was issued and subsequently, trial of the case commenced in the year 2016. During trial, statement of PW 5, who happens to be doctor, was recorded on 17.07.2023 but certain questions could not be put to him, the reply whereof is necessary for just and fair decision of the trial case. Hence, the applicant preferred an application u/s 311 Cr.P.C. seeking re-examination of PW 5 but the same has not been considered and rejected vide impugned order dated 03.05.2025. 4. Learned counsel for the applicant submitted that the court below has rejected the application u/s 311 Cr.P.C. without going into the gravity of the matter. He further submitted that the applicant is even ready to bear the expenses for appearance of the witness of re-examination. He further submits that the application of the applicant has been mechanically rejected by the court below without properly appreciating the circumstances of the case and without following the provisions of law. 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 delay the trial of the case. He further submits that the Court below has rightly rejected the application under Section 311 Cr.P.C. 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 linger the trial of the case. 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