HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 9741 of 2026 Court No. - 93 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the appellant and learned AGA for the State. 2. The present criminal appeal has been filed by the appellant with a prayer to set aside the entire proceeding as well as the impugned order dated 3.7.2026 passed by Special Judge, SC/ST (PA) Act, Aligarh in Session Case No.778 of 2021 (State vs. Ram Khilari), arising out of Case Crime No.253 of 2020, under Sections 302, 504 IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S.- Palimukimpur, District- Aligarh. 3. Learned counsel for the appellant submits that no effective opportunity of cross-examination was afforded in respect of PW-1 Raj Kumar, PW-2 Deepchand and PW-3 Komal. It is further submitted that an application under Section 311 Cr.P.C. seeking recall of the said witnesses for cross- examination was moved before the trial court, but the same was rejected. 4. From the testimony of PW-1, it appears that the appellant was not present when the witness was tendered for cross-examination, and consequently the opportunity was closed. However, in respect of PW-2, his testimony records that the appellant Ram Khiladi was present, though neither he cross-examined the witness nor was his counsel present, and no application seeking adjournment was moved on his behalf. Thus, the trial court closed the opportunity of cross-examination of PW-2. As regards PW-3, who turned hostile during trial and did not support the prosecution case, no useful purpose would be served by recalling him for cross- Versus Counsel for Appellant(s) : Sandeep Kumar Counsel for Respondent(s) : G.A. Ram Khilari .....Appellant(s) State Of U.P. And 3 Others .....Respondent(s) examination. Nevertheless, in compliance with the 'principles of natural justice', it would be just and proper to grant an effective opportunity to the appellant to cross-examine PW-1 and PW-2 only. 5. Accordingly, the appeal is partly allowed. 6. The impugned order dated 3.7.2026 passed by the trial court is set aside to the limited extent that the appellant shall be afforded one effective opportunity to cross-examine PW-1 (Raj Kumar) and PW-2 Deepchand. In other respects, the impugned order is affirmed. 7. In the event PW-1 and PW-2 appear before the trial court, the expenses for their conveyance etc. shall be borne by the defence, and the trial court may direct the appellant to deposit or pay reasonable compensation to the witnesses and impose such other reasonable conditions as it deems fit. The defence shall complete the cross-examination of PW-1 and PW-2 on the very same day, and no further adjournment shall be granted. The trial court shall try to conclude examination of above witnesses, within six weeks from receipt of this order. 8. Registrar (Compliance) is directed to serve a copy of this order by FAX/e-mail to the court concerned through District & Sessions Judge concerned within 48 hours. September 24, 2026 RA CRLA No. 9741 of 2026 2 (Santosh Rai,J.) Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad