IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

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ON THE 24 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 58974 of 2025 CHOTU ALIAS DHARMVEER AND OTHERS Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Keshav Pathak - Advocate for the petitioners.

Shri Mohit Shivhare - Public Prosecutor for the State.

ORDER The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 invoking the inherent jurisdiction of this Court for setting aside the order passed by the learned Trial Court whereby the application under Section 311 of the Code of Criminal Procedure seeking recall of prosecution witnesses for cross-examination was rejected, and also for setting aside the revisional order affirming the same.

The facts, in brief, are that during the course of trial the statements of the complainant Diwan Singh and witness Narendra were recorded. On the date fixed for their cross-examination, the counsel for the accused was engaged in another matter and could not conduct cross-examination. An application for exemption from personal appearance under Section 317 CrPC was allowed; however, on the same day the learned Tria