Decided On: 15.07.2024 vs Rajan
2024 Latest Caselaw 9564 HP

Himachal Pradesh High Court

Decided On: 15.07.2024 vs Rajan on 15 July, 2024

Bench: Tarlok Singh Chauhan, Sushil Kukreja

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

Cr. Appeal No. 99 of 2022

.

Decided on: 15.07.2024 _____________________________________________________ State of Himachal Pradesh

.....Appellant

Versus

Rajan

......Respondent _____________________________________________________ Coram r Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge

Hon'ble Mr. Justice Sushil Kukreja, Judge

Whether approved for reporting? No. _____________________________________________________ For the appellant: Mr. I.N. Mehta, Senior Additional

Advocate General, with Mr. Navlesh Verma, Ms.Sharmila Patial, Additional Advocates General and Mr. Raj Negi

Deputy Advocate General.

For the respondent: None.

_____________________________________________________ Tarlok Singh Chauhan, Judge

On 10.06.2024, this Court passed the following order:-

"Learned vice counsel for the respondent pleads no instructions. Therefore, this Court is left with no other option but to issue non-bailable warrants for securing the presence of the respondent. Accordingly, issue non-bailable warrants for securing the presence of the respondent, returnable for 15th July, 2024."

2. In compliance to order dated 10.06.2024 passed by

Whether reporters of Local Papers may be allowed to see the judgment?

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this Court, the Sperintendent of Police, Kullu District Kullu, HP,

sent a communication dated 12.07.2024, relevant portion whereof

.

reads as under:-

"In this regard, it is submitted that NBW was further sent to

SHO, Police Station Sadar Kullu for execution. As per the report submitted by the SHO Police, Station Sadar Kullu, the service of NBW issued by the Hon'ble High Court of Himachal Pradesh Shimla against the accused/respondent

Rajan, son of Sh. Dil Bahadur, Resident of Village Jarai Tol, Post Office and Police Station Sanicharap, District Morang, (Nepal), at present resident of Chandigarh, Nalla, Kullu, H.P. was carried out by ASI Raj Kumar, I.O., Police Station Kullu.

Rajan was searched at every possible place, but he could not

be found. Around 50-60 persons were inquired to get the whereabouts of Rajan and their statements were recorded accordingly. During service of the NBW, it has been found that Rajan is not being residing in Chandigarh Nalla for a long

time and no one there knows his whereabouts. In this regard, reports have also been obtained from the Up-Pradhan, Gram Panchayat Grahan, Up-Pradhan, GP Neuli and Member of Municipal Council Kullu accordingly. On 09.07.2024, mobile

number ie. 86280-71920 of a lady namely Meena living with the Rajan at Chandigarh Nalla has been obtained and on

asking that lady about Rajan, she disclosed that she went towards Rampur, Shimla and working there with a contractor namely Raju. She told that she met Rajan in Manikarn

around 2-3 years back and lived with him for about 2 years. And around 2-3 months earlier Rajan took her to his home at Napal to marry him. But, Rajan had died in Napal and she returned to Kullu."

3. Since the repsondent has died as per the aforesaid

communication dated 12.07.2024, the appeal has abated and is

disposed of accordingly.

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Pending miscellaneous application(s), if any, shall also

stand disposed of.

.

( Tarlok Singh Chauhan ) Judge

( Sushil Kukreja ) Judge July 15, 2024 (VH)