Nanhey & Another vs State Of U.P.
2013 Latest Caselaw 5621 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 3894 of 2013
 

 
Appellant :- Nanhey & Another
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- S.K. Upadhyay
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the appellants, the learned AGA for the State and perused the record.

Admit.

This appeal under Section 449 Cr.P.C. has been filed against the order dated 15.7.2013, whereby the Additional Sessions Judge, Court No.5, Rampur has passed the order to auction the movable and immovable property of the appellants in a proceeding under Section 446 Cr.P.C. in Criminal Misc. Case No.03 of 2004, State Vs. Nanhey & another, arising out of Session Trial No.88 of 2002, State Vs. Harish Kumar.

It is submitted by the learned counsel for the appellants that the appellants stood surety to one Harish Kumar, who could not be traced out despite of their best efforts. Earlier the appellants had approached this Court and this Court had passed the order granting time to trace out the accused. The mother of the accused Harish Kumar has filed a suit before the Court that her son be declared dead and issue a death certificate, which is still pending.

Learned AGA has accepted notice on behalf of State, who prays for and is granted three weeks' time to file counter affidavit.

List this case in the week commencing 7th October, 2013.

Till the next date of listing, the operation of the order dated 15.7.2013 passed in Criminal Misc. Case No.03 of 2004, State Vs. Nanhey & another, arising out of Session Trial No.88 of 2002, State Vs. Harish Kumar, shall be kept in abeyance.

Order Date :- 9.9.2013

Mustaqeem.