Neutral Citation No. - 2025:AHC:19336 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 31653 of 2024 Applicant :- Surendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- Dileep Kumar Yadav,G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Arvind Agrawal, the learned counsel for applicant, the learned A.G.A. for State and Mr. Dileep Kumar Yadav, the learned counsel representing first informant-opposite party-2. 2. Perused the recorded. 3. Applicant-Surendra Singh, who is a charge sheeted accused and facing trial before Court below, has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and quash the impugned order dated 16.08.2024 passed by Special Judge S.C./S. T. Act, Firozabad in Special Session Trial No. 1457 of 2022 (State Vs. Surendra and others), arising out of Case Crime No. 72 of 2022, Under Sections 147, 148 149, 302, 307, 504 I.P.C. and Section 3(2)(v) S.C./S.T. Act, Police Station Khairgarh, District Firozabad. It is, further prayed that during the pendency of the present petition before this Hon'ble Court the court below i.e. S.C./S.T. Act, Firozabad may be directed not to pronounce the judgment in Special Session Trial No. 1457 of 2022 (State Vs. Surendra and others), arising out of Case Crime No. 72 of 2022, Under Sections 147, 148 149, 302, 307, 504 I.P.C. and Section 3(2)(v) S.C./S.T. Act, Police Station Khairgarh, District Firozabad, otherwise the present petition shall become infractuous. And/or pass such other and further order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case." 4. At the very outset, a preliminary objection has been raised by the learned A.G.A. and the learned counsel representing first informant-opposite party-2. They submit that the application dated 12.08.2024 under Section 311 Cr.P.C. was engineered on behalf of accused at a very belated stage and after witnesses of defence had been adduced before Court below. It is then contended that perusal of application dated 12.08.2024 will go to show that the said application is wholly vague inasmuch as, the names of persons, whom the accused-applicant wanted to summon as witness has not been mentioned in the application. On the above premise, it is thus urged by the learned A.G.A. and the learned counsel representing first informant-opposite party-2 that no illegality has been committed by Court below in passing the order impugned. 5. When confronted with above, the learned counsel for applicant could not overcome the same. 6. Having heard the learned counsel for applicant, the learned A.G.A. for State, the learned counsel representing first informant- opposite party-2 and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. and the learned counsel representing first informant-opposite party-2 in opposition to this application are clearly borne out from the record and furthermore, the same could not be dislodged by the learned counsel for applicant with reference to the record. In view of above, no good ground exists to entertain the present application. 7. As a result, the present application fails and is liable to be dismissed. 8. It is, accordingly, dismissed. Order Date :- 10.2.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad