Nikhil Kumar vs State of U.P. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL REVISION No. - 523 of 2026

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Nikhil Kumar

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.....Revisionist(s)

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	Versus
State of U.P. and Another			.....Opposite Party(s)
Counsel for Revisionist(s)	: Amal Kumar Sriva Srivastava, Kamal Srivastava	stava, Sriva	Amit Kumar stava, Vivek
Counsel for Opposite Party(s)	: G.A.
Court No.- 87

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HON'BLE ABDUL SHAHID, J.

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Heard learned counsel for the revisionist and the learned A.G.A. for the State.

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Under challenge is the impugned order dated 18.12.2025 passed by the Additional Sessions Judge (F.T.C./W.P.), Pilibhit, in Special Sessions Trial No. 1127 of 2023, arising out of Case Crime No. 170 of 2023 (State vs. Nikhil Kumar), under Sections 376, 323, 294, and 506 I.P.C., Police Station Neoria, District Pilibhit, whereby application Ka-31 under Section 311 Cr.P.C., filed by the revisionist, has been rejected.

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Learned counsel for the revisionist has submitted that the application under Section 311 Cr.P.C. has been wrongly rejected by the trial court. It is contended that the revisionist intends to put certain additional questions to P.W.-1, the complainant/victim/opposite party no. 2, whose statement was recorded on 28.08.2025. The F.I.R. was registered under Sections 376, 323, 294, and 506 I.P.C. against the revisionist. It is further submitted that the second application of the revisionist under Section 311 Cr.P.C. has been rejected vide the impugned order dated 18.12.2025.

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Per contra, learned A.G.A. has opposed the revision and contended that ample and adequate opportunity of cross-examination was provided to the accused. It is further submitted that an earlier application under Section 311 Cr.P.C. had already been rejected and that repeated applications are intended only to delay the proceedings.

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CRLR No. 523 of 2026

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2

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From the perusal of the record, it transpires that P.W.-1 was extensively cross-examined on 28.08.2025. Thereafter, an application under Section 311 Cr.P.C. was moved by the revisionist and was rejected. Subsequently, another application under Section 311 Cr.P.C. was filed seeking recall of P.W.-1 for further cross-examination on certain points.

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Section 311 Cr.P.C. empowers the Court to summon or recall any witness at any stage of the inquiry or trial if such evidence appears to be essential for the just decision of the case. The power under Section 311 Cr.P.C. is wide but discretionary and is to be exercised judiciously, not arbitrarily. The paramount consideration is whether the recall of the witness is necessary for arriving at a just decision and not for filling up lacunae in the defence or for protracting the trial.

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In the present case, it appears that detailed cross-examination of P.W.-1 has already been conducted and the earlier application under Section 311 Cr.P.C. has also been rejected. No specific or compelling ground has been demonstrated to show that further cross-examination is essential for the just decision of the case. Entertaining repeated applications of similar nature would lead to an endless process and unnecessarily delay the trial.

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In view of the aforesaid facts and circumstances, this Court does not find any illegality or perversity in the impugned order passed by the trial court.

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Accordingly, the criminal revision lacks merit and is dismissed .

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February 12, 2026 M. Tarik

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(Abdul Shahid,J.)

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Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad

Nikhil Kumar v. State of U.P. and Another

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Nikhil Kumar v. State of U.P. and Another

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