(1.) Petitioners/accused seek setting aside of order dtd. 28/8/2024 of learned trial court, whereby their application under Sec. 311 CrPC for recall of PW-1 Jagmohan Gupta for further cross-examination was dismissed.
(2.) Learned APP for State accepts notice. Mr. Jagmohan Gupta also has been impleaded in the present petition as respondent no. 2 but learned counsel for petitioners/accused submits that same was done only out of abundant precaution and otherwise, he is not a necessary party, it being a State case. As requested, respondent no. 2 is deleted from the array of parties.
(3.) Learned APP for State in all fairness does not oppose this petition on account of following discussion.