Neutral Citation No. - 2025:AHC:126054 Court No. - 86 Case :- CRIMINAL REVISION No. - 3695 of 2025 Revisionist :- Brijanand Tiwari Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Vishwanath Mishra Counsel for Opposite Party :- G.A. Hon'ble Manjive Shukla,J. 1. Heard Sri Pramod Pathak, learned Advocate holding brief of Sri Vishwanath Mishra, learned counsel appearing for the revisionist and learned Additional Government Advocate appearing for the State. 2. The instant criminal revision has been filed challenging therein, the order dated 26.6.2025 passed by the learned Additional Sessions Judge/Special Judge (Prevention of Corruption Act), Court No.4, Gorakhpur in Sessions Trial No.421/2018 (State Vs. Brijanand Tiwari and others) whereby, the application filed by the revisionist, under Section 311 Cr.P.C. for recalling the P.W.-3 for his cross examination, had been rejected. 3. It has been contended on behalf of the revisionist that the P.W.-3 i.e. the Investigating Officer of the case appeared before the trial court on 7.6.2024 and his examination-in-chief was recorded. Since counsel appearing for the revisionist/accused was engaged in some other case therefore, he could not turn up for cross examination of the P.W.-3 and therefore, on the same day i.e. on 7.6.2024 itself, opportunity of the revisionist/accused to cross examine the P.W.-3 had been closed. It has further been contended that opportunity of cross examination of a witness to the accused has vital importance, as only by cross examination, it can be tested as to whether the testimony is genuine or fake, as such the trial court at least must have given one more chance to the accused for cross examination of the P.W.-3. 4. It has been submitted that the provisions under Section 311 Cr.P.C. have been made for recall of the witnesses so that the miscarriage of justice may be prevented. 5. Learned counsel appearing for the revisionist has argued that the trial court, without considering that the revisionist/accused was granted only one opportunity to cross examine the P.W.-3, had straightaway rejected his application filed under Section 311 Cr.P.C. It has further been argued that it is in the interest of justice that the revisionist/accused may be provided one more opportunity to cross examine the P.W.-3, so that he may not suffer irreparable loss. 6. Learned Additional Government Advocate appearing for the State though has opposed this criminal revision but could not point out any reason for which the revisionist/accused may be denied the opportunity of cross examination of the P.W.-3. 7. I have considered the arguments advanced by the learned counsels appearing for the parties and I find that the testimony of the P.W.-3 was recorded on 7.6.2024 and on the same day, opportunity of the revisionist/accused for cross examination of the P.W.-3 had been closed. 8. This Court is of the view that opportunity of cross examination to the accused is very vital in nature, as only through cross examination, he can establish as to whether the testimony of the witness is genuine or fake. Even otherwise, this Court is of the view that Section 311 Cr.P.C. gives power to the trial court to recall the witness so that the miscarriage of justice may be prevented. 9. This Court finds that it would be in the interest of justice if the P.W.-3 is recalled by the trial court only on one date and the revisionist/accused is provided opportunity to cross examine him. 10. In view of the aforesaid reasons, this criminal revision is allowed. The order dated 26.6.2025, passed by the learned Additional Sessions Judge/Special Judge (Prevention of Corruption Act), Court No.4, Gorakhpur in Sessions Trial No.421/2018 (State Vs. Brijanand Tiwari and others), is hereby set aside. 11. The trial court is hereby directed to fix one date for appearance of the P.W.-3 and to allow the counsel appearing for the revisionist/accused to cross examine him. It is made clear that the trial court shall fix only one date and on the said date itself, the revisionist/accused shall have to complete his cross examination and no further date for the said purpose shall be fixed in the matter. Order Date :- 29.7.2025 Salim Digitally signed by :- SALIM PRAVEJ High Court of Judicature at Allahabad