Madhya Pradesh High Court
MCRC/3858/2024 of RINKU SANKHWAR Vs THE STATE OF MADHYA PRADESH on 1 February 2024
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKARON THE 1[st] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 3858 of 2024
BETWEEN:-
RINKU SANKHWAR S/O SHRI RAJVEER SANKHWAR,AGE 26 YEARS, OCCUPATION: LABOUR RESIDENT OFGRAM SAINTHRA BADHAI TEHSIL PORSA POLICESTATION AMBAH DISTRICT MORENA (MADHYAPRADESH)
(SHRI KESHAV PATHAK- ADVOCATE FOR APPLICANT)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION AMBAH DISTRICT MORENA (MADHYAPRADESH)
.....RESPONDENT
( SHRI P.P.S. VAJEETA- PUBLIC PROSECUTOR FOR RESPONDENT-STATE)
This application coming on for hearing this day, the court passed the following:
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ORDER
Learned Counsel for the applicant requests for withdrawal of this second application filed under Section 439 of CrPC.
Considered.
It has come to the notice of this Court, on perusal of order-sheets ofSessions Trial No.215 of 2023, that witnesses Manoj, Pradip, Jagdish andNeelam had appeared before the trial Court for evidence on 12-10-2023, 09-11-2023, 08-12-2023 and 05-01-2024. Since Trial Court was busy in recording the evidence in other matter, these witnesses were not examined for consecutivefour dates. This is unfortunate state of affairs.
Learned Trial Court is directed to ensure recording of evidence ofwitnesses strictly in compliance with mandate of law in Section 309 of CrPC.
With above direction, application is dismissed as withdrawn.Let a copy of this order be forwarded by Registry to concerned Court.
MKB
(SANJEEV S KALGAONKAR)JUDGE