JUDGMENT

Rajnish Bhatnagar, J. The present petition under Sections 397/399/401 Cr.P.C. has been filed by the petitioner, namely, Mohd Hasan @Nanhe, with the following prayers:

"(a) call for the record of Ld. Trial Court;

(b) set aside the impugned order dated 31.03.2023 in FIR no 854/2015 PS New Usmanpur U/S 302/201 IPC passed by Shri Pankaj Arora, Ld. ASJ, Karkardooma Courts, Delhi;

(c) Pass any other reliefs), which this Hon'ble Court may deem fit and proper, under the facts and circumstances of the case, in favour of the petitioner."

2. Briefly stated, the facts of the case are that on 16.08.2015, the present FIR No. 854/2015 was got registered at New Usmanpur under Sections 302/201 IPC against an unknown person and the dead body was preserved for identification.

3. Vide impugned Order dated 31.03.2023, Ld. ASJ dismissed the application under Section 311 Cr.P.C. filed by the petitioner for recalling PW-8 Mohd. Kasim for his further cross-examination on the ground that PW-8 Mohd. Kasim had already appeared before the court on two dates for the purpose of recording of his evidence and the witness was duly cross-examined by Sh. Gaurav Vashishth, Ld. Amicus Curiae on 08.03.2018. Furth