The appeal against acquittal was dismissed because the respondent-accused was untraceable and the notice could not be served even after extension of time, constituting a waiver or failure due to non-appearance.
The criminal appeal is dismissed by reason of non-service of notice on the respondent-accused who remained untraceable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1. cri apeal 11-13.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 11 OF 2013
The State of Maharashtra
.. Appellant
Versus
Suresh @ Bandya Raghunath Sawant
.. Respondent
Appearances
Mr. H.J. Dedia APP for the State
CORAM : SMT. V.K. TAHILRAMANI &
M.S. KARNIK, JJ.
DATE : MARCH 17, 2017.
P.C.:
6.12.2012. Till 17.1.2017, notice was not served on the
respondent-accused. The report of Sr. Police Inspector,
Paydhuni Police Station shows that the respondent was not
found on the given address, hence, on 17.1.2017, time to
serve the respondent was extended by a period of six weeks.
Till 3.3.2017 also, notice had not been served upon the
respondent-accused, hence, on 3.3.2017, as a last chance,
the matter was adjourned to 17.3.2017. It was observed that
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1. cri apeal 11-13.doc
if the notice is not served on the respondent-accused, the matter will be dismissed. Today also, the respondentaccused has not been served. It is stated that he is not traceable. In this view of the matter, the appeal is dismissed.
[ M.S. KARNIK, J. ] [ SMT. V.K. TAHILRAMANI, J. ]
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The State of Maharashtra
Suresh @ Bandya Raghunath Sawant
V.K. Tahilramani
M.S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
