IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA

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ON THE 20 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 58505 of 2025 SAMEER KHAN Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Shri Jagdish Singh Kushwah and Shri Ayush Saxena - Advocate for the petitioner.

Shri Dinesh Savita- PP for the State.

ORDER

1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (corresponding to Section 482 Cr.P.C.) assailing the order dated 03.12.2025 passed by the learned Eighteenth Additional Sessions Judge, Gwalior in Sessions Case No. 501/2024, whereby the application preferred by the accused under Section 233 Cr.P.C. (now Section 256 BNSS) for summoning certain defence witnesses was rejected.

2. Brief facts of the case are that the prosecution has filed a charge-

sheet against the petitioner under Sections 109, 115(2), 296, 3(5), 118(1), 118(2) IPC (as applicable) and Section 25(2) of the Arms Act. Cognizance was taken and the matter proceeded to trial. After conclusion of prosecution evidence and recording of the statement of the accused under Section 313 Cr.P.C., the case was fixed for defence evidence. At that st