( 1 ) INSTANT application under section 482 Cr. P. C. has been moved by chhotey, resident of Mohalla Madhiya, Naka, police station Kotwali Nagar, district Banda, to set aside the order dated 30. 9. 2005 passed by learned Sessions Judge, Banda, in S. T. No. 254 of 2003, State Vs. Shobhit chaturvedi whereby application 186 Kha moved by the accused-applicant was rejected and objection 188 Kha filed by learned d. G. C. (criminal) against the application 186 kha was allowed. Application 186 Kha was moved to recall the order dated 26. 7. 2005 whereby the learned Sessions Judge suo motu directed PW 6 Siraj Ahmad, Investigating officer to be re-examined on some points.

( 2 ) HEARD Sri K. S. Tiwari, learned counsel for the applicant, learned AGA and have gone through the record.

( 3 ) THE fact of the case is that S. T. no. 254 of 2003, State v. Shobhit Chaturvedi is pending in the court of Sessions Judge, banda, under Section 302/34 I. P. C. police station Kotwali Nagar, Banda, against the accused persons including accused chhotey, applicant. After the case was committed to the Courtof Session, Prosecution examined its fact and formal witnesses. The statements of accused were recorded under

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