HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39259 of 2026 Court No. - 77 HON'BLE SANJAY KUMAR PACHORI, J. Sri Satyam Narayan, learned counsel for the applicant and Sri Alok Mishra, learned A.G.A. for the State are present. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the order dated 18.8.2026 passed in Session Trial No. 763 of 2014, arising out of case crime No. 430 of 2014, under Sections 302, 34, IPC, Police Station Bisrakh, District Gautam Budh Nagar, whereby an application under Section 311, Cr.P.C. filed by the applicant/accused to recall PW-1 and PW-2 has been dismissed, pending in the court of Additional Sessions Judge/F.T.C. No. 2, Gautam Budh Nagar. Learned counsel for the applicant fairly admits that the aforesaid trial is listed for recording the statement of accused/applicant under Section 313, Cr.P.C. He further admits that the applicant wants liberty to file certified copy of the statements of PW-1 & PW-2, which have been recorded before the Juvenile Justice Board in the same case, which is pending against juvenile as defence evidence. After some arguments, learned counsel for the applicant does not want to press this application and wants liberty to file appropriate application/proceedings before the court of competent jurisdiction. The instant application is dismissed as not pressed with liberty to Versus Counsel for Applicant(s) : Satyam Narayan Counsel for Opposite Party(s) : G.A. Jitendra @ Jitu .....Applicant(s) State of U.P. and Another .....Opposite Party(s) file appropriate application/proceedings/defence evidence before the court of competent jurisdiction. Office shall return the certified copy of the order to the learned counsel for the applicant, after retaining a xerox of the same. September 23, 2026 T. Sinha NA528 No. 39259 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad