JUDGMENT :

1. Heard Sri Aman Kumar Shrivastav, learned counsel appearing for the applicants and Sri Akhilesh Kumar Vyas, learned Additional Government Advocate and perused the record.

2. By means of the instant application filed under Section 482 Cr.P.C., the applicants have challenged the validity of the order dated 31.01.2024 passed by the Additional District and Sessions Judge, outlying Court, Mohammadi, Lakhimpur Kheri whereby an application filed under Section 311 Cr.P.C. for summoning the investigating officer as a witness has been rejected.

3. It has been stated in the impugned order dated 31.01.2024 that the incident in question occurred on 06.04.2006. After investigation a final report was submitted on 20.06.2006. Thereafter, the complainant filed a protest petition on 27.07.2007, which was allowed and the applicants were summoned to face trial.

4. During trial, prosecution examined as many as 5 witnesses but the investigating officer Jai Prakash Yadav was not examined. The application under Section 311 Cr.P.C. was filed when the trial had reached at the stage of arguments and it was stated therein that it would be in the interest of justice that the investigating officer to b