(1.) This petition is instituted against the order dated 15.12.2015 rendered by learned Additional District & Sessions Judge, Kashipur, District Udham Singh Nagar in Session Trial No.331 of 2013.
(2.) "Key facts", necessary for adjudication of this petition, are that the petitioner is facing trial under Section 302 of I.P.C. in the Court of learned Additional District & Sessions Judge, Kashipur. The trial has commenced. Prosecution has produced one witness namely Smt. Sunita (complainant) on 07.05.2014. She was cross-examined by learned Advocate appearing on behalf of the petitioner.
(3.) Thereafter, application under Section 311 of Cr.P.C. has been filed belatedly on 20.10.2015 on the pretext that certain important questions could not be put to PW1 Smt. Sunita in cross examination.