Neutral Citation No. - 2025:AHC:132485 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 28453 of 2025 Applicant :- Aman Singla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atharva Dixit,Pranav Tiwary,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. The application has been filed with the following prayer :- "It is, therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow this application Under Section 528 of the B.N.S.S. and quash the impugned order dated 19.10.2024 passed by Learned Additional Session Judge/Fast Track Court, 1st, Gautam Budh Nagar, in Session Trial No. 748 of 2021 (State of Uttar Pradesh Vs. Aman Singla) arising out of Case Crime Number 166 of 2021 under Sections 498-A, 323, 506, 304-B IPC and Section 3/4 D.P. Act, Police Station Noida Sector-39, District Gautam Buddh Nagar, pending in the court of Learned Additional Sessions Judge/Fast-Track Court - 1, Gautam Buddh Nagar and direct the Learned Trial Court that the 4 material evidences mentioned in the application dated 25.07.2024 may be taken on record. It is further prayed that this Hon'ble court may be pleased to stay the effect and operation of the impugned order dated 19.10.2024 passed by Learned Additional Session Judge/Fast Track Court, 1st, Gautam Budh Nagar, in Session Trial No. 748 of 2021 (State of Uttar Pradesh Vs. Aman Singla) arising out of Case Crime Number 166 of 2021 under Sections 498-A, 323, 506, 304-B IPC, and Section 3/4 D.P. Act, Police Station Noida Sector-39, District Gautam Buddh Nagar, pending in the court of Learned Additional Sessions Judge/Fast-Track Court - 1, Gautam Buddh Nagar, during the pendency of the present application Under Section 528 of the BNSS." 2. Learned Senior Counsel appearing on behalf of the applicant submits that the applicant is the accused and the Prosecution Witness No. 2, who is sister-in-law of the first informant, is being examined. Certain prints and voice recording were being presented before the court concerned for the purpose of cross examination, however, the court concerned by the impugned order has denied the same on the ground that the applicant can produce the same at the stage of defence evidence. 3. Learned Senior Counsel at this stage submits that the only apprehension of the applicant is that when the aforesaid recording are produced at the stage of defence, the prosecution witness may be required to be recalled for further cross examination and that might delay the proceedings. 4. It is to be seen that once the defence witness is produced before the court concerned, full opportunity is required to be granted to the accused person to raise his defence, more particularly, in an offence under Section 304-B I.P.C. as there is presumption against the applicant under law which the applicant require to dispel before the court concerned. It is however for the court concerned to give fair opportunity to accused person that the defence evidence is produced including cross examination of any production of prosecution witness. 5. At this stage, no interference is warranted in the impugned order subject to the recording of the defence of the applicant/accused person at the appropriate stage. 6. Accordingly, the application under Section 528 BNSS is disposed of. Order Date :- 6.8.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad