Bhagwan Singh and 2 Others vs State of U.P… — Murder and Culpable Homicide | Allahabad HC (2025)

Bhagwan Singh and 2 Others vs State of U.P… — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application under Section 528 BNSS allowed; impugned order dated 25.09.2025 rejecting recall of PW-7 quashed; trial court directed to summon Vijay Kumar Rana, Deputy Superintendent of Police (PW-7), for his cross-examination.

Issue for consideration

Whether the order dated 25.09.2025 of the trial court closing the opportunity of cross-examination of PW-7 (Investigating Officer) and rejecting the application for his recall was sustainable. +1 more

Court's answer

The trial court acted harsher in closing the opportunity of cross-examination of PW-7, the Investigating Officer examined by the prosecution over three dates, by providing the defence counsel merely about half an hour to cross-examine him.

Ratio / Principle

Merely being the oldest case does not mean the defence will not get an opportunity to cross-examine the witness; the trial court must endeavour to conclude the trial in a just and fair manner without considering the age of the trial.

Key takeaways

Since the impugned order itself shows the counsel for the accused-applicants was called only at 4.00 p.m., the cross-examination could not have been concluded the same day even if started; hence the impugned order is quashed.ratio¶13
The trial court is directed to summon Vijay Kumar Rana, Deputy Superintendent of Police (PW-7), for getting his cross-examination.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Avnish Saxena, J.), Application U/S 528 BNSS No. 46597 of 2025, Bhagwan Singh & 2 others v. State of U.P. & another (decided 25.11.2025): Quashes order dated 25.09.2025 of Additional Sessions Judge, Court No.1, Budaun (Sessions Case No. 654 of 2011, arising out of Case Crime No. 1954 of 2010, S.302 I.P.C., P.S. Gunnaur, Distt. Sambhal) whereby the application for recall of PW-7, the Investigating Officer, was rejected after the opportunity of cross-examination was closed on 17.09.2025. Holds that the trial court became harsher in closing cross-examination after examining PW-7 over three dates (09.07.2025, 04.09.2025, 17.09.2025) and giving the defence merely half an hour at 4.00 p.m.; the oldest status of a 2011 trial is no ground to deny cross-examination, and the trial must proceed in a just and fair manner irrespective of its age; even if begun at 4.00 p.m., the cross-examination could not have concluded the same day. Directs the trial court to summon Vijay Kumar Rana, Deputy Superintendent of Police (PW-7), for cross-examination. Application allowed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 46597 of 2025

Bhagwan Singh And 2 Others

.....Applicant(s)

Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Bharat Singh Counsel for Opposite Party(s) : G.A. Court No. - 81

HON'BLE AVNISH SAXENA, J.

Sri Bharat Singh, learned counsel, appears for the applicants and submits that the order impugned in the present application under Section 528 B.N.S.S. is dated 25.09.2025 passed by court of Additional Sessions Judge, Court No.1, Budaun in Sessions Case No. 654 of 2011 (State Versus Bhagwan Singh and others) arising out of Case Crime No.1954 of 2010 under Section 302 I.P.C., Police Station Gunnaur, District Sambhal, whereby the trial court has rejected the application for recall of witness (PW-7, I.O) merely on the ground that on date fixed i.e. 17.09.2025 the witness was finally examined by the prosecution and at 4.00 p.m. the counsel for the accused could not appear. Further submits that the matter is of 2011. It is submitted by learned counsel that the examination-in-chief of PW-7 continued for three dates i.e. 09.07.2025, 04.09.2025 and 17.09.2025. The witness could not appear for his cross-examination till 4.00 p.m., and thereafter the counsel has been called for cross-examination. At that time, the counsel for the accused had left as such the cross-examination could not be carried out on 17.09.2025 and opportunity was closed on the same day. The application for recall of witness was moved, which has been rejected by the impugned order, hence he seeks intervention of this court.

Learned A.G.A. appears for the State and has opposed the application stating that the matter is the oldest and Investigating Officer who is posted at Bareilly came for his deposition to the court at Budaun and was continuously coming on 3 dates. Moreover, the counsel for the accused-applicant was called who had refused to come, which led to the passing of the order closing the opportunity to cross-examine PW-7. Further submits that trial

NA528 No. 46597 of 2025

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court has rightly proceeded and rejected the application for recall of the witness.

There is no point in issuance of notice to opposite party no.2 (informant) as the intrinsic right of accused who is facing trial of murder is at jeopardy and issuing notice to opposite party no. 2 will further delay the proceeding.

This Court has taken into consideration the rival submissions of the parties and perused the record. This Court is of the view that trial court became harsher while closing the opportunity of cross-examination of PW-7, the Investigating Officer, who has been examined by the prosecution for three dates and merely half an hour is provided to the defence counsel to cross-examine PW-7. The trial court should endeavour to conclude the trial in just and fair manner, without considering the age of trial. The present trial though is oldest of the year 2011, but merely being the oldest case does not mean that defence will not get an opportunity to cross-examine the witness. The impugned order itself reveals that it is at 4.00 p.m. when the counsel for the accused-applicants has been called, which also shows that even if the cross-examination would have been started at 4.00 p.m., the same could not be concluded on the same day, hence the order impugned is quashed.

The trial court shall summon Vijay Kumar Rana, Deputy Superintendent of Police (PW-7), for getting his cross-examination.

The application is, accordingly, allowed .

November 25, 2025 MN/-

(Avnish Saxena,J.)

Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad