HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35457 of 2025 Court No. - 79 HON'BLE ALOK MATHUR, J. 1. Heard Sri Virendra Kumar Maurya, learned counsel for the applicants as well as learned A.G.A. for respondent No.1. 2. In light of the proposed order notice to private respondents is dispensed with. 3. It has been submitted on behalf of the applicants that the applicants are accused in case crime No.S.T. No.1868 of 2010 (State Vs. Chaman and others) arising out of Case Crime No.136 of 2009 under Section 302 IPC, police station Masoori, District Ghaziabad which is pending before Special Judge (Essential Commodities Act)/Additional District and Sessions Judge, Ghaziabad. 4. It has been submitted that the evidence of prosecution witness No.s 6 and 7 was concluded and P.W. No.7 was to be cross examined. When the case was listed on 28.7.2025 on the said date learned counsel for the applicant/accused could not appear in the court in time due to which his opportunity to cross examine has been closed and the court has fixed 11.8.2025 for examination of remaining witnesses. 5. Learned counsel for the applicants submits that it is on account of engagement of counsel for the applicants in another court that he could not appear before the trial court in the present case and his non appearance on the said date was un- intentional and bonafide and accordingly has prayed for setting aside the order dated 28.7.2025 and Versus Counsel for Applicant(s) : Raj Kumar, Virendra Kumar Maurya Counsel for Opposite Party(s) : G.A. Sunder Saini And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) further undertakes that he shall cross examine P.W. No.7 on the next date fixed and will not seek any further adjournment in the case. 6. Learned A.G.A., on the other hand, has opposed the petition but does not dispute the aforesaid facts. 7. Learned counsel for the applicants has submitted that the applicants are fully cooperating in the trial but it is only due to engagement of counsel for the accused that prosecution witness No.7 could not be examined on the date fixed. He submits that non-appearance of counsel for the applicants was not intentional and further that they have been cooperating in the trial proceedings and consequently submits that any date may be fixed for cross examination on which date P.W. No.7 will be cross- examined by counsel for the applicants. 8. Considering the submissions of counsel for the applicants, in the interest of justice and also that counsel could not appear within time, this Court finds that the instant application deserves to be allowed after imposing adequate cost on the applicants. 9. Accordingly, the petition is allowed with a cost of Rs.2,500/- to be paid to private respondents before the next date fixed. The applicants shall cross examine P.W. No.7 on the next date fixed in the case, if there is no legal impediment and further the applicants undertake to cooperate in the trial proceedings. September 16, 2025 RKM. NA528 No. 35457 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad