SPLA/127/2015
2023 Latest Caselaw 1521 UK

SL.          Office Notes,
No.   Date      reports,
               orders or                COURT'S OR JUDGE'S ORDERS
             proceedings
             or directions
                  and
              Registrar's
              order with
              Signatures
                             SPLA No. 127 of 2015
                             With
                             CRMA No. 1188 of 2015
                             In
                             GA No. 87 of 2015

                             Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

1. Mr. J. S. Virk, learned Deputy Advocate General for the State/appellant.

2. This appeal under Section 378(3) Cr.P.C., against the judgment and order dated 20th November, 2014, passed by learned Additional Sessions Judge, Laksar, District Haridwar in Sessions Trial No 258 of 2012. By the impugned judgment, Vinod S/o Sultan R/o Bhagmal, PS Kotwali Laksar, District Haridwar was acquitted of the charge under Sections 376, 302 and 201 IPC.

3. There is delay of 153 days in filing this Government Appeal, therefore, learned Coordinate Bench vide order dated 22.07.2015, directed for issuance of notice on the delay condonation application. Since notice could not be served upon Vinod (respondent herein) learned Coordinate Bench on 14.05.218 directed the appellant to take fresh steps for service upon the respondent but respondent could not be served. Ultimately, vide order dated 08.03.2019, bailable warrant was issued against the respondent.

4. However, the bailable warrant so issued is returned by the Chief Judicial Magistrate, Haridwar vide letter dated 03.04.2019 by stating that as per information received from the concerned Police Station respondent is not residing at his address and he has disposed of his assets in the village and his whereabouts are not known for the last several years.

5. Thus we are constrained to issue non-bailable warrant against the respondent returnable on 4 September, th

2023. The Director General of Police, Uttarakhand is directed to take necessary steps to ensure the presence of the respondent before the Court on the next date fixed. Registry is directed to communicate this Order to Director General of Police, Uttarakhand within 48 hours.

5. List this matter on 4th September, 2023.

(Pankaj Purohit, J.) (Manoj K. Tiwari J.) 05.06.2023 Kaushal