HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37288 of 2025 Court No. - 81 HON'BLE AVNISH SAXENA, J. 1. Sri Mohd. Ashim, learned counsel, holding the brief, appears for the accused-applicant and submits that the present application has been moved to assail the order dated 18.08.2025, whereby the Trial Court has rejected the application moved by the accused- applicant under Section 311 Cr.P.C. and refused to recall PW-2, who has been examined and cross-examined by the accused- applicant on three dates from 02.01.2025 to 02.04.2025. 2. The recall of the witness was sought on three grounds. The F.S.L. report was not on record, on the basis of which the counsel of accused-applicant could not raise questions to the victim; that new counsel has put in appearance and found that certain questions which are mentioned in the application are also required to be asked. He further submits that the Trial Court has rejected the application under Section 311 Cr.P.C cursorily without looking into the fact and law. 3. At this juncture, learned counsel for the accused-applicant seeks to withdraw the application. 4. Sri Akhilesh Kumar Yadav, learned counsel for the victim- informant and learned A.G.A. for the State are present. 5. None appeared for opposite party nos. 3 and 4. Versus Counsel for Applicant(s) : Mohd Imran Siddiqui Counsel for Opposite Party(s) : Akhilesh Kumar Yadav, G.A. Monish .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 6. In view of prayer made by learned counsel for accused- applicant, the application is dismissed as withdrawn. October 15, 2025 MN/- NA528 No. 37288 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad