Judgment:
M.Cr.
C No.9553/12 12.3.2013 Shri Sameer Beohar, learned counsel for the applicants.
Shri Vivek Lakhera, learned P.L.for the respondent/State.
Heard on the question of admission.
The applicant/accused have filed this petition under Section 482 of Cr.P.C.being aggrieved by the order dated 5.7.2012, passed by Additional Sessions Judge Katni in Sessions Trial No.16/12, whereby his application filed under Section 311 of Cr.P.C., for recalling some witness for further cross- examination has been dismissed.
In the couRs.of arguments on admission in the light of principle laid down by the apex Court in the matter of Suraj Mal versus The State (Delhi Administration) reported in AIR 197.SC 140.on making certain query from the applicant’s counsel on which, after going through the aforesaid case law, applicants’ counsel seeks permission to withdraw this petition as not pressed with liberty to raise appropriate arguments in the light of the aforesaid Supreme Court case at the time of final hearing of the impugned trial and subject to decision of the trial Court on arising the occasion in duly constituted appeal.
On consideration by allowing the prayer of the applicants’ counsel, the petition is dismissed as withdrawn and not pressed with liberty aforesaid, as prayed.
Certified copy as per rules.
(U.C.Maheshwari) Judge Pb