JUDGMENT :

Sanjay Dwivedi, J.

1. Heard on the question of admission.

2. By the instant petition filed under Article 227 of the Constitution of India, the petitioner is questioning the legality, validity and propriety of the order dated 24.02.2021 (Annexure-P/4) passed by the trial Court, whereby an application filed by the respondent/State under Section 32 of the Indian Evidence Act, 1872 has been allowed and further directed that the statement of a witness namely Aabid Ali (PW/7) recorded on 02.12.2011 shall be read over in the trial conducted against the petitioner.

3. Facts of the case in short are that an offence was registered against the petitioner along with other co-accused persons, but the petitioner was not arrested for the reason that he was absconded, therefore, the trial was conducted in respect of other co-accused persons who were arrested and tried in the proceeding. Later on, the petitioner was arrested on 06.11.2017 in respect of Crime No. 846/2010 in which the trial was already concluded against the other co-accused persons in which some of the accused were convicted by the trial Court and some were acquitted. During trial, the statement of one of the witnesses namely