HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33754 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Arvind Yadav, Advocate, holding brief of Sri Gulab Shankar Singh, learned counsel for the applicant and Sri J. P. Singh, learned A.G.A. for the State-opposite party no.1. 2. The present application u/s 528 of B.N.S.S. has been filed with prayer to quash the impugned order dated 15.02.2025, passed by learned Additional District Judge(IV), District Gorakhpur, wherein the opportunity of Cross Examination of P.W.-8 namely Rajnesh Kumar was ended and further be pleased to direct the court below to summon the P.W.-8 namely Rajnesh Kumar for cross examination by the applicant, in S.T. No.538 of 2011 (State Vs. Upendra Singh @ Kallu and others), arising out of in Case Crime No.1597 of 2010, under sections 147, 148, 341, 307, 366, 120-B, IPC, Police Station Shahpur, District Gorakhpur. 3. It is contended by the learned counsel for the applicant that an opportunity of the applicant to cross examine the witness P.W.-8 namely Rajnesh Kumar has been rejected vide impugned order dated 15.02.2025. It is further contended by the learned counsel for the applicant that great prejudice is caused to the applicant by the order impugned, as the opportunity of cross examination to the witness P.W.-8 namely Rajnesh Kumar is vital for the defence of the applicant in the said trial. He further prays that a direction be given to the learned court concerned to permit the applicant to cross examine Versus Counsel for Applicant(s) : Gulab Shankar Singh Counsel for Opposite Party(s) : G.A. Upendra Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the witness P.W.-8 namely Rajnesh Kumar. 4. On the other hand, learned A.G.A. for the State has no objection to the above submissions made by the learned counsel for the applicant. 5. In view of the above, the learned trial court i.e. learned Additional District & Sessions Judge(IV), District Gorakhpur, is directed to permit the applicant to cross examine the witness P.W.-8 namely Rajnesh Kumar, in S.T. No.538 of 2011 (State Vs. Upendra Singh Kallu and others), arising out of in Case Crime No.1597 of 2010, under sections 147, 148, 341, 307, 366, 120-B, IPC, Police Staion Shahpur, District Gorakhpur, on the date fixed in the matter, for the purpose. It is also directed that the learned trial court shall summon the witness P.W.-8, on the application being filed by the applicant in this regard alongwith copy of this order and fix a date for appearance of the witness P.W.-8 namely Rajesh Kumar and on that date the applicant shall be permitted to cross examine the witness P.W.-8 namely Rajesh Kumar. It is made clear that when the witness P.W.-8 appears on the date fixed by the trial court and if the applicant does not cross examine him on that date, no further opportunity shall be given to the applicant for the same. 6. With the aforesaid direction, the present application is hereby disposed of. September 4, 2025 VKG NA528 No. 33754 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad