Allahabad High Court
Monish Qureshi Alias Monish Ahmad vs State Of U.P. And Another on 30 July, 2025
Author: Dinesh Pathak
Bench: Dinesh Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:126404 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 15510 of 2025 Applicant :- Monish Qureshi Alias Monish Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the applicant, leaned AGA for the State-opposite party No. 1 and perused the record.
2. This court, vide order dated 23.7.2025 has deemed service of notice sufficient upon respondent no.2.
3. The applicant has invoked the inherent jurisdiction of this Court under Section 528 BNS for quashing entire proceedings including impugned order dated 19.03.2025 passed in Session Trial No. 137 of 2022 (State Vs. Monish Qureshi), arising out of Case Crime No. 09 of 2022 under Sections 307, 452, 506 I.P.C. and Section 3(2)(va) SC/ST Act, Police Station-Saidnagali, District- Amroha, pending before Special Judge SC/ST Act, Amroha, whereby the application dated 19.3.2025 under Section 311 Cr.P.C. moved by the accused to recall the PW 3 has been rejected.
4. Having considered the rival submissions advanced by the learned counsel for the applicant as well as learned AGA and upon perusal of the record, it manifests that while the present applicant was in jail, his opportunity to cross-examine PW-3 (brother of the victim) has been closed on 15.9.2022. To recall the witness (PW-3) an application under Section 311 Cr.P.C. has been filed at a belated stage on 19.3.2025. Learned court concerned has passed a detailed order in rejecting the application under Section 311 CrPC. It is observed that present applicant (accused) was throughout appearing in the court, while in incarceration through video conferencing. However, his counsel could not appear and cross-examine PW-3.
5. I am skeptical of the submission advanced by the learned counsel for the applicant that proper opportunity of hearing has not been afforded to the present applicant to cross-examine the PW- 3. However, having considered the facts and circumstances of the present case and to secure the ends of justice, I am of the opinion that one last opportunity should be accorded to the present applicant so that he could avail the opportunity of fair trial. Not giving an opportunity to cross-examine PW-3 may cause prejudice to the case of the accused and it would not be befitting to preclude him from a fair trial.
6. As such, instant application under Section 528 BNSS is allowed and the order dated 19.3.2025 passed by the Additional District and Sessions Judge/Special Judge, SC/ST Act is quashed. Learned trial court is hereby directed to grant one more opportunity to the present applicant to cross-examine PW-3 by fixing a specific date as per his convenience.
7. It is made clear that on the said date, PW-3 would be called upon for the purposes of cross-examination. In case, the cross-examination of PW-3 is not concluded on the same date, it will continue to the next working date to the satisfaction of the court concerned.
8. It is clarified that, in case, the accused (applicant) fails to cross-examine PW-3 on the dates fixed by the court below, no further opportunity shall be granted for cross-examination of the aforesaid prosecution witness.
Order Date :- 30.7.2025/vkg