IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR

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ON THE 4 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 49826 of 2025 VICTIM X Versus RADHESHYAM AND OTHERS Appearance:

Shri Virendra Thakur - Advocate for the petitioner.

Shri Raghvendra Singh Raghuvanshi, Advocate for respondents nos. 1 and 2.

Shri Harish Singh Rathore, Advocate for the respondent/State.

ORDER

1] Heard finally with the consent of the parties.

2] This petition has been filed by the petitioner/victim under Section 482 of Cr.P.C./Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 against the order dated 26.08.2025 passed in S.C. Case No.09/2024 by the learned Additional session Judge, Badnawar in which application U/s 348 of B.N.S.S 2023 was allowed by the learned special court and the re-examination of the victim was allowed.

3] In brief facts of the case is that respondent no.1/Radheshyam and respondent no.2/Sitaram are facing trial under section 363,376,376(2),366- A,368/34 and U/s3,4,51 and 6 of POCSO Act in connection with rape of the prosecutrix by one Lakhan, who happens to be the son of respondent no.1/Radheshyam. It is alleged that when Lakhan and his friend Rahul took the