Allahabad High Court
NAEEM AKHTARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The order dated 11 September 2025 is set aside and the witness PW‑4 is to be recalled for further cross‑examination upon deposit of Rs.5,000 by the applicant.
Summary
The applicant filed an application under Section 528 of the B.N.S.S. seeking to quash an order dated 11 September 2025 that dismissed his request to recall witness PW‑4 for cross‑examination. The trial court had allowed the examination‑in‑chief of PW‑4 on 25 July 2024, deferred cross‑examination, and later closed the opportunity for cross‑examination on 21 October 2024 despite the applicant’s request for an adjournment. The applicant then moved an application under Section 311 of the Criminal Procedure Code to recall the witness, which the trial court dismissed. The High Court examined whether the trial court erred in closing the cross‑examination and dismissing the Section 311 application, and held that the order was contrary to the interest of justice. Consequently, the High Court set aside the impugned order, directed the applicant to deposit Rs.5,000 with the District Legal Services Authority, and ordered that the witness be recalled for further cross‑examination without any further adjournment. The application was thereafter disposed of.
Issues considered
- Whether the order closing the cross‑examination of PW‑4 and dismissing the Section 311 Cr.P.C. application is legally valid.
- Whether the order dated 11‑09‑2025 can be set aside under Section 528 B.N.S.S. in the interest of justice.
Legislation cited
- B.N.S.S. — s. 528
- Code of Criminal Procedure, 1973 — s. 311
- Indian Penal Code — s. 308, 323, 504
Subjects
- cross‑examination
- adjournment
- Section 311 CrPC
- Section 528 BNSS
- witness recall
- interest of justice
- criminal trial procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 48682 of 2025
Naeem Akhtar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Arun Kumar
Counsel for Opposite Party(s) : G.A.
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 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
NA528 No. 48682 of 2025
2
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.
(Chawan Prakash,J.)
Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad
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