HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36453 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Mohd. Monis, learned counsel for the applicant and Sri Uma Shanker Mishra, learned AGA appearing for the State respondents. 2. Present application has been filed for quashing the impugned order dated 9.9.2025 passed by the Additional Sessions Judge/F.T.C. Court No. 2, Fatehpur passed in Session Trial No. 866 of 2022 (State vs. Rizwan) pending in the Court of Additional Sessions Judge/F.T.C. Court No. 2, Fatehpur, arising out of Case Crime No. 0151 of 2015, under Sections 147, 148, 149, 504, 307, 302 IPC, P.S. Hathgaon, District Fatehpur. 3. It is contended by the learned counsel for the applicant that vide order impugned herein dated 9.9.2025, the learned Trial Court has rejected the application under Section 223 CrPC for joint trial of the applicant along with Trial No. 274 of 2015. It is contended that earlier the application under Section 223 CrPC was rejected by the learned trial Court, against which the applicant approached this Court and a co-ordinate Bench of this Court vide order dated 28.8.2025 passed in Application u/s 528 BNSS No. 32472 of 2025 (Rizwan vs. State of UP and another) disposed of the application with a direction to the trial Court to consider the application of the applicant under Section 223 CrPC afresh. It is contended that learned trial Court has not considered the facts of the case in the right perspective and passed the order impugned herein. 4. On the other hand, learned AGA submits that the provisions of Section 223 CrPC are not mandatory and they are discretionary. It is contended Versus Counsel for Applicant(s) : Mohd. Monis Counsel for Opposite Party(s) : G.A. Rizwan .....Applicant(s) State of U.P. and Another .....Opposite Party(s) that learned trial Court has rejected the application under Section 223 CrPC on the ground that the trial of the applicant is at the stage of recording of statement under Section 313 CrPC and therefore, if the application is allowed, the same shall delay the trial. 5. Provisions of Section 223 CrPC are not mandatory. The learned trial Court has passed the order impugned that the trial of the applicant is at an advanced stage i.e. the stage of recording of statement under Section 313 CrP.C. 6. Having considered the entire facts and circumstances of the case, no abuse of process of the Court has been occasioned by the order impugned. 7.Hence the application lacks merit and is accordingly dismissed. September 22, 2025 Abhishek NA528 No. 36453 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad