- (1.) Learned counsel for the petitioner wants to withdraw the petition to enable the petitioner to file an application under Section 319 of the Criminal Procedure Code, 1973 taking into account the cross-examination of PW-1 and PW-2, and after the statement of the doctor is recorded. Since fresh material by way of cross-examination of PW-1 and PW-2 and statement of doctor(s) would come on record, the petitioner would at the first instance be at liberty to file application under Section 319 of the Criminal Procedure Code, 1973 before the trial Court.
(2.) The petition is accordingly dismissed as withdrawn with liberty as prayed for.;