Allahabad High Court
NA528/48682/2025 of NAEEM AKHTAR Vs STATE OF U.P. AND ANOTHER on 5 May 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 48682 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J. 1. Heard Sri Rahul Singh, Advocate holding brief of Sri Arun Kumar, learned counsel for the applicant, Sri Jyoti Kumar Singh, learned A.G.A. for the State and perused the record. 2. The
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 48682 of 2025
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
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1. Heard Sri Rahul Singh, Advocate holding brief of Sri Arun Kumar, learned counsel for the applicant, Sri Jyoti Kumar Singh, learned A.G.A. for the State and perused the record.
2. The applicant filed the present application under Section 528 B.N.S.S. to quash the order dated 11.09.2025 passed by the learned Special Judge (E.C. Act)/Additional Sessions Judge, Rampur in Special Case No. 256 of 2022 (State Vs. Neem Akhtar and others), arising out of Case Crime No. 298 of 2021, under Sections 308, 323, 504 I.P.C., Police Station Shahabad, District Rampur, pending in the court of learned Special Judge (E.C. Act)/Additional Session Judge, Rampur.
3. Learned counsel for the applicant submits that examination-in-chief of PW-4 Sartaj was recorded on 25.07.2024 and cross-examination was deferred on the request of learned counsel for the applicant. On 21.10.2024, cross-examination of PW-4 was started but could not be completed as the learned counsel sought adjournment but the learned trial court instead of adjourning the cross-examination of PW-4, closed the opportunity of cross examination. Thereafter he moved an application under Section 311 Cr.P.C. for recalling PW-4 but the same was dismissed vide order dated 11.09.2025. The applicant was not seeking any adjournment, hence, the order dated 11.09.2025 be set aside.
4. Learned A.G.A. opposed the submissions made by learned counsel for the applicant.
5. As per facts of this case, statement of PW-4 Sartaj was recorded on Versus Counsel for Applicant(s) : Arun Kumar Counsel for Opposite Party(s) : G.A. Naeem Akhtar .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
25.07.2024 and cross-examination was differed on the request of learned counsel for the applicant. On 21.10.2024, cross-examination of PW-4 was started but could not be completed and the learned counsel for the applicant sought adjournment. The learned trial court instead of adjourning the cross- examination to next date, closed the opportunity of cross-examination of PW-4. Thereafter, the applicant moved an application under Section 311 Cr.P.C. for recalling PW-4 for cross-examination, which was dismissed by the learned trial court vide order dated 11.09.2025.
6. Perusal of the impugned order reveals that the learned trial court has passed the detailed reasoned order while passing the impugned order. Applicant was given sufficient opportunity for cross-examination of PW-4.
7. However, in the interest of justice, the impugned order dated 11.09.2025 passed by the learned Special Judge (E.C. Act)/Additional Sessions Judge, Rampur is set aside. The applicant is directed to deposit Rs.5,000/- before the District Legal Services Authority, Rampur within two weeks. In case the said amount is deposited by the applicant, the learned trial court shall recall PW-4 for further cross examination and no adjournment shall be given to the applicant.
8. Accordingly, application is disposed of. May 6, 2026 Rmk. NA528 No. 48682 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad