Neutral Citation No. - 2025:AHC:42509 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 8342 of 2025 Applicant :- Shiv Dayal Opposite Party :- State Of U.P. And Another.. Counsel for Applicant :- Ravi Bhushan Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Ravi Bhushan Singh, learned counsel for the applicant and Sri Tejbhan Singh, learned A.G.A. for the State are present. The present application u/s 528 of BNSS of 2023 has been filed with prayer to quash the order dated 28.01.2025 passed by Additional Sessions Judge, Court No. 4, Deoria in S.T. No. 437 of 2022 (State vs. Ishtiyak Ansari), arising out of Case Crime No. 336 of 2022, under Sections 304, 504, 506 IPC, P.S. Kotwali, District Deoria, whereby an application of the prosecution to discharge the present applicant from the evidence has been dismissed. Learned counsel for the applicant submits that the applicant wants to get recorded his evidence in aforesaid S.T. No. 437 of 2022, in which the prosecution has discharged the applicant from giving evidence in the case and the court had discharged the applicant as witness. It is settled position of law that the prosecution, who discorded the present applicant as witness, the applicant has no right to get recorded as witness. This application is, accordingly, dismissed. Order Date :- 24.3.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad