Neutral Citation No. - 2025:AHC:135548 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 29253 of 2025 Applicant :- Chandrika Alias Shilpi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Praksah Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Sri Vijay Prakash, learned counsel appears for the applicant has submitted that the applicant is aggrieved by the order dated 18.06.2025 passed by the court of Additional Sessions Judge, Court No.13, Meerut, whereby the application of prosecution moved under Section 311 Cr.P.C. has been allowed, whereby PW- 5-Kulveer Singh, the Investigating Officer and SHO Ashutosh Singh have been summoned as witness after the statement of the accused recorded under Section 313 Cr.P.C. 2. The contention of learned counsel for the applicant is that the learned trial court has not recorded its satisfaction on the issue of prejudice caused to the accused. The specific paragraph 4 of the objection moved before the trial court has been placed for the perusal of this Court, wherein it is mentioned that the prosecution chooses to rectify the error in the trial and therefore, recalled of PW-5 and further summon another witness. It will further delay the trial of the case. The SHO, Ashutosh Singh has not been produced before the court during trial during prosecution evidence. 3. Learned A.G.A. has opposed the application and submits that no prejudice has been caused to the accused. The court has got power to recall any witness during the trial. The trial is extended till the judgment is passed. 4. This Court has taken into consideration the rival submissions made by the parties and perused the record. 5. The applicant Chandrika Alias Shilpi is facing trial in Case Crime No.59 of 2020 (State of U.P. Vs. Chandrika Alias Shilpi and others) for offence under Section 302 IPC, Police Station Medical College, District Meerut. The accused applicant is the widow of deceased Mayank Giri. The father of the deceased namely Lokesh Giri has lodged the FIR against in-laws and widow of the deceased (applicant). The prosecution has moved an application to recall PW-5 Kulveer Singh, the Investigating Officer of the case as memo of recovery, site plan have not been produced before the witness for getting exhibits. Further, the SHO Ashutosh Singh has also been summoned as prosecution witness. It is the observation made by the Court that for just and proper trial, the witnesses namely PW-5 Kulveer Singh and Ashutosh Singh the eye witness mentioned as witness No.15 in the charge sheet, are required to be produced. It is further recorded that both the witnesses are named in the charge sheet and their statements under Section 161 is mentioned in the case diary. 6. So far as the prejudice caused to the accused applicant is concerned, it is settled principle of law that where the Court found it essential for just and proper decision of the case, is empowered to summon the witness invoking Section 311 Cr.P.C. for just and proper adjudication of trial at any stage of trial. 7. As such, this Court does not find any merit in the application, which deserves to be dismissed. Hence, this application is dismissed. 8. The learned trial court shall proceed with the trial as expeditiously as possible. Order Date :- 11.8.2025 Mini (Avnish Saxena,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad