RAMDAYAL CHARMKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is fourth application filed under Sec. 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") on behalf of applicant-SRamdayal Charmkar, S/o Jhalle Prasad Charmkar who is in custody since 18/09/2019 in connection with Crime No.26/2019 registered at Police Station Java, Distt. Rewa for the offence punishable under Sec. 302 of IPC.

(2.) This Court has perused explanation dtd. 23/02/2022 sent by Shri Yograj Upadhyay, learned Additional Sessions Judge, Teonthar, Distt. Rewa (MP).

(3.) This Court is not satisfied with the explanation. It appears that Additional Sessions Judge has not used his authority as per the provisions contained in the Code of Criminal Procedure and has not taken adequate steps to seek attendance of the witnesses and the seized property.