S.B.CR. MISC. PETITION NO.68/2010 (Nanda Ram VS. State of Raj.) Dated : 05.03.2010 HON'BLE MR. MAHESH BHAGWATI,J Mr. Pankaj Gupta, for the petitioner. Mr. GS Fauzdar, PP for the State. *** Learned counsel for the accused petitioner seeks permission to withdraw the Criminal Misc. Petition with the liberty to file an application under Section 231(2) of Cr.P.C. before the competent Court. Permission is granted accordingly. The criminal misc. petition filed u/s 482 of Cr.P.C. by the petitioner stands dismissed, as withdrawn. This order shall not prejudice either of the party nor the Court. However, otherwise too, the petition is not maintainable for the reason that the provision u/s 311 of Cr.P.C. for recalling the witnesses for the purpose of cross-examination is not meant for the parties it is exclusively meant for the Court. The Court has to exercise as to whether it deems just and proper to call any witness for the purpose of examination, cross examination or re-examination. (MAHESH BHAGWATI)J. Pcg