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Neutral Citation No. - 2025:AHC:133500 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 22729 of 2025 Applicant :- Deep Chandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Naresh Singh Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the applicants and learned A.G.A for the State.
2. The present application has been filed by applicants for quashing the impugned
order dated 13.05.2025 passed by Additional District/Session Judge, (F.T.C.) Court No. 2, Fatehpur in Session Trial No.248 of 2019 (State Vs. Deep Chandra) arising out of Case Crime No. 381 of 2019, under Sections 498A, 304B I.P.C. and Section 3/4 D.P. Act Police station Khaga, District-Fatehpur and direct the trial court to recall the P.W. 1 for re-examination.
3. Learned counsel for applicant submits that application of applicant for recall of P.W.1 has been rejected by impugned order. The evidence of P.W.1 was recorded on 22.12.2021 and thereafter prosecution witnesses i.e. P.W.2 and P.W.3 have been recorded. Learned counsel for applicant has referred to page 36 of the paper book to submit that application for recall of P.W.1 was filed as earlier counsel engaged by applicant has not put some relevant question.
4. Learned counsel for applicant was queried as to what was the evidence and question, which were required to be addressed to P.W.1, learned counsel for applicant submits that applicant has two children and wanted to talk with the wife.
5. Learned counsel for applicant could not show any reason for recalling the P.W.1 at this stage. Unless there are some specific grounds for recalling the witness, ordinary recall of witness, cannot be permitted. This Court do not find any error in the impugned order.
6. Accordingly, the application under Section 528 BNSS is dismissed.
Order Date :- 7.8.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad