Neutral Citation No. - 2025:AHC:80866 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 15091 of 2025 Applicant :- Pooran Lal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Misra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Vikas Chandra Mishra, Advocate, holding brief of Mr. Amit Misra, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Pooran Lal, who is a named as well as charge sheeted accused and has now been summoned by Court below, has approached this Court by means of present application under Section 528 BNSS with the following prayer:- "It is most respectfully prayed that the application be allowed and the order dated 16.7.2024 summoning the FSL report and order dated 6-8-2024 passed by Additional District & Sessions Judge, Fast Track Court No. (offences against women) Pilibhit in S.T. No. 182/2018 (State vs Rajendra Prasad and others) rejecting the application filed by applicant against order dated 16.7.2024 in Case Crime No. 161/2018, u/s 302/201 IPC P.S. Barkheda, District Pilibhit be set aside and quashed. It is further most respectfully prayed that the further proceedings of S.T. No. 182/2018 (State vs Rajendra Prasad and others) pending before the court of Additional District & Sessions Judge, Fast Track Court No. (offences against women) Pilibhit in Case Crime No. 161/2018, u/s 302/201 IPC P.S. Barkheda, District Pilibhit may remain stayed during the pendency of present application before this Hon'ble Court. It is further prayed that this Hon'ble Court may be pleased to pass such other and further orders, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case." 4. At the very outset, the learned A.G.A. submits that by means of order impugned, the application filed by accused for recall of earlier order dated 16.07.2024 was fully misconceived inasmuch as, by means of above order, Court below had only directed that FSL report be produced. By reason of provisions contained in Section 293 Cr.P.C., FSL report falls in the category of expert opinion and therefore, the same is exempted from being proved in evidence. Apart from above, once the Court had passed an order on merits then by virtue of the provisions contained in Section 262 Cr.P.C., Court below could not recall/review it's earlier order. On the above premise, the learned A.G.A. submits that in view of above and also the provisions contained in Section 465 Cr.P.C., no interference is warranted by this Court in present application. 5. When confronted with above, the learned counsel for applicant could not overcome the same. 6. Having heard the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application are clearly borne out from the record, and furthermore, the same could not be dislodged by the learned counsel for applicant with reference to the record. In view of above, this Court does not find any good ground to entertain the present application. 7. As a result, the present application fails and is liable to be dismissed. 8. It is, accordingly, dismissed. Order Date :- 15.5.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad