Neutral Citation No. - 2025:AHC:74063 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 4671 of 2025 Applicant :- Sanjay Kumar Bashkar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pawnesh Tiwari,Sandip Kumar,Somesh Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Pawnesh Tiwari,, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Sanjay Kumar Bashkar, who is a charge sheeted accused and facing trial before Court below, has approached this Court by means of present application under Section 528 BNSS with the following prayer:- "It is, therefore, most respectfully prayed that it is expedient in the interest of justice that Hon'ble Court may graciously be pleased to set aside the order dated 15.01.2025 by Special Judge (POCSO Act)/ Addl. Session Judge Prayagraj in Case Crime No. 443/2014, U/s 363,366,376 I.P.C. & Sec 4 POCSO ACT (State vs. Sanjay Kumar Bashkar), Police Station- Handiya District- Prayagraj (S.T. No.89/2015) pending before the Special Judge (POCSO Act)/ Addl. Session Judge Prayagraj, by which the applicant has not been permitted to recall the witness for re- examine and at the same time allowed the prosecution to recall the prosecution witness. Further this Hon'ble Court may be please to direct the court below to recall the witness Sangeet Shikha Bashkar and permit the applicant to re-examine her in aforesaid trial so that justice could be done with the applicant. Further this Hon'ble Court may be please to stay the criminal proceeding and effect & operation the order dated 15.01.2025 by Special Judge (POCSO Act)/ Addl. Session Judge Prayagraj in Case Crime No. 443/2014, U/s 363,366,376 I.P.C.& 4 POCSO ACT(State vs. Sanjay Kumar Bashkar), Police Station- Handiya District- Prayagraj (S.T. No.89/2015) pending before the Special Judge (POCSO Act)/ Addl. Session Judge Prayagraj, by which the applicant has not been permitted to recall the witness for re- examine and at the same time allowed the prosecution to recall the prosecution witness., during the pendency of the present Criminal Revision, otherwise the applicant shall suffer irreparable loss and injury. And/or such and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." 4. At the very outset, the learned counsel for applicant fairly submits that due to inadvertence the copy of the application under Section 311 Cr.P.C. filed by applicant before Court below which has been rejected by means of impugned order has not been appended alongwith this application. He, therefore, submits that he be permitted to withdraw the present application with liberty to file fresh with better particulars details and with proper relief. 5. Learned A.G.A. for State-opposite party-1 has no objection to the prayer made by the learned counsel for applicant. 6. In view of above, this application is, accordingly, dismissed as withdrawn, with liberty aforesaid. 7. Certified copies of the documents appended alongwith this application shall be returned to the learned counsel for applicant after obtaining photocopies of the same to be kept on record. Order Date :- 7.5.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad