Neutral Citation No. - 2025:AHC:135143 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29250 of 2025 Applicant :- Shamshad And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Singh,Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The applicants, by means of this application has invoked the inherent jurisdiction of this Court with a prayer to quash the order dated 30.04.2025 passed by learned Special Judge, Gangster Act/Special Judge (Rape and POCSO Act) 1st, Etah in G.S.T. No.242 of 2008 (State Vs. Shamshad and Others) arising out of Case Crime no. 560 of 2007, under Sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Aliganj, District- Etah, by which the application moved by at the behest of applicants under Section 311 Cr.P.C. with the prayer to recall PW- 4 and permit them to cross-examine P.W.4, has been rejected. 3. Learned counsel for the applicants submitted that during trial, after recording the statement of P.W.3 on oath, several dates were fixed for evidence of P.W.4, but he turned up on 21.04.2025 and on that day, his chief was recorded, at the same time counsel for applicant was busy in another court and he could not appear before the court concerned on account of which, learned court concerned has closed the opportunity of cross-examination of P.W.4. Being aggrieved with the same, applicants moved an application under section 311 Cr.P.C. for cross-examination of P.W.4 and the same was also rejected vide order dated 30.04.2025, which impugned the present application. 4. Learned counsel for applicants further submitted that in any case, looking into the nature of serious offence alleged and the key role in the trial to be played by the testimony of PW-4 and the applicant ought to have been granted one opportunity to cross- examine PW-4. Learned counsel for applicants further undertakes not to seek further cross-examination of any prosecution witnesses. 5. Per contra, learned AGA opposed the prayer sought through the instant application and submitted that though the counsel for applicants has not appeared before learned trial court at the time of cross-examination of P.W.4, hence no further opportunity may be granted to him for the same. 6. Learned counsel for applicants placed reliance upon a decision of this Court in the case of G.R. Gulati Vs. State of U.P. & another, 2014 (3) JIC 729 (Alld), wherein in paragraphs 6 and 9 it has been held as below: "6. .....There is a duty cast upon the court to arrive at the truth by all lawful means and one of such means is the examination of witnesses of its own accord when for certain obvious reasons either party is not prepared to call witnesses who are known to be in a position to speak important relevant facts. ... ... 9. .....The prompt decision of criminal case is to be commended and encouraged but in reaching at these results, the accused, who are charged with a serious offence, must not be stripped of his valuable right of a fair and impartial trial because it would be negation of concept of due process of law. Regardless of the merits of the case, the court has not only to look into the case of the prosecution but has also to keep in mind the defence version." 7. Having considered the arguments so advanced by learned counsel for the parties and looking into the gravity of the offence for which the applicants have been charged and to balance the scale of justice, order dated 30.04.2025 passed by learned Special Judge, Gangster Act/Special Judge (Rape and POCSO Act) 1st, Etah in G.S.T. No.242 of 2008 (State Vs. Shamshad and Others) arising out of Case Crime no. 560 of 2007, under Sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Aliganj, District- Etah, is hereby quashed. Learned court concerned is hereby directed to provide a day's time by way of recalling the prosecution witness no.4, which has been left at the behest of counsel for the applicants for cross-examining, which is a right ensured and mandated as per the provision. 8. In view thereof, the instant application is allowed. Order Date :- 11.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad