Firoz v. State of NCT of Delhi

O R D E R %

01.09.2026

¶1Petitioner has assailed order dated 12.08.2026 of the learned trial court, whereby the application of the petitioner under Section 348 BNSS for recall of PW19 was dismissed.

¶2Passover awaiting the arguing counsel requested by counsel for petitioner. But on account of pending heavy board, passover is not possible.

¶3I am of the prima facie view that this petition is not maintainable, because Section 438(2) BNSS prohibits revision against interlocutory order and it is trite that unless a case of gross injustice is set up, the High Court cannot exercise inherent powers to allow backdoor entry to what is prohibited by law. In the present case, the admitted position is that PW-19, This is a digitally signed order. who is sought to be recalled had been duly cross-examined at the time of his testimony before the trial court.

¶4At this stage, the arguing counsel for petitioner has appeared and seeks permission to withdraw this petition.

¶5As requested, the petition and the accompanying applications are dismissed as withdrawn.

GIRISH KATHPALIA, J SEPTEMBER 1, 2026/dr

This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010407882026 + CRL.M.C. 6400/2026, CRL.M.A. 26771/2026, CRL.M.A. 26772/2026 & CRL.M.A. 26773/2026 FIROZ .....Petitioner Through: Mr. Junaid Nisar and Mr. Nakul Sharma, Advocates. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Druav Pandey and Ms. Ananya Bose, Advocates for R-1 with Inspector Priyanka, PS Crime Branch, Sunlight Colony. CORAM: HON'BLE MR. JUSTICE GIRISH KATHPALIA