IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE st ON THE 21 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 45553 of 2025 SACHIN SONI Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Vivek Kumar Mishra - Advocate for the petitioner [P-1].

Shri Brijesh Kumar Tyagi - Public Prosecutor for the respondent/State.

ORDER The present petition under Section 528 of BNSS has been filed by the petitioner assailing the order dated 25.09.2025 passed by learned VIth Additional Sessions Judge, Gwalior District Gwalior in S.T. No.235/2017 whereby an application under Section 39(1) of Bhartiya Sakshya Adhiniyam, 2023 filed by the petitioner was rejected.

2. In brief, the facts of the case are that the complainant lodged an F.I.R. in the present matter, pursuant to which the concerned police conducted investigation and filed a charge-sheet. The case proceeded to trial and is presently pending adjudication. During the course of trial, the prosecution examined the following witnesses: PW-1 Mithlesh, PW-2 Ashok, PW-3 Narendra, PW-4 Rampal, PW-8 Ahivaran, PW-11 Indrajeet, PW-14 Abhimanyu, PW-18 Ghanshyam, PW-19 Ankush, and PW-20 Dinesh. However, the remaining wit