Roshan And (2) Ors. vs State Of U.P.
2018 Latest Caselaw 4367 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 29
 

 
Case :- CRIMINAL APPEAL No. - 776 of 2003
 

 
Appellant :- Roshan And (2) Ors.
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- K.K.Tewari
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Mohd. Faiz Alam Khan,J.

List has been revised.

None present for the appellants however learned A.G.A. is present for the State.

Vide order dated 06.12.2017, notices were issued to the appellants and notices have been served on appellant No.1 and 2. As per the report of the concerned CJM, the notice could not be served on appellant No.3/ Mewaram, who has died on 11.11.2017. The photocopy of the communication dated 09.4.2018 of CJM Lakhimpur Kheri is available on record, shows that the CJM concerned has mentioned in his report about the death of appellant No.3 Mewaram on 11.11.2017 has also mentioned a report obtained from the concerned Village Pradhan, but along with his communication, only the report of police station Mohammadi is enclosed and that too with regard to the service on the alive appellants.

In this view of the matter, let a report with regard to the death of appellant Mewaram be called from the CJM Lakhimpur Kheri till the next date of listing.

List after four weeks along with the report of the CJM concerned. As appellant No.1 and 2 have been served and neither they nor their counsel is present. Issue bailable warrants against appellant No.1 and 2 which shall be executed by the Chief Judicial Magistrate, Lakhimpur Kheri, and if the appellant No.1 and 2 appears before the CJM concerned, he may be under an obligation to release them on bail and will inform them to remain present before this Court on 28.01.2019.

List on 28.01.2019.

Order Date :- 17.12.2018

Praveen