Disposed¶26

State of Hp v. Ajay Bahadur Kharka

Himachal Pradesh HC17 Dec 2024CR.A/150/2021

Case brief

AI extract

What is this about?

Proclaimed offender; absconding/untraceable respondent; no movable or immovable property found; appeal closed and disposed of; liberty to revive appeal upon apprehension; pending Cr.MPs deemed allowed and disposed; State of H.P. v. Ajay Bahadur Kharka; Cr. Appeal No. 150 of 2021; High Court of Himachal Pradesh, Shimla; Neutral Citation 2024:HHC:15045; decided 17.12.2024; Vivek Singh Thakur and Rakesh Kainthla, JJ.

What did the court decide?

Appeal closed and disposed of; appellant/State directed to continue efforts to trace and apprehend the respondent, with liberty reserved to revive the appeal once the respondent is apprehended and produced before the Court. ¶26

State of Hp Vs Ajay Bahadur Kharka — Himachal Pradesh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether any further action is required on the criminal appeal given that the respondent stands declared a proclaimed offender and no movable or immovable property is traceable in his name.

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Court's answer

Since the respondent has been declared a proclaimed offender (order dated 13.11.2024) and no movable or immovable property could be traced in his name, no further action is required at this stage.

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Ratio / Principle

Cr.MP No. 5202 of 2024 and Cr.MP No. __ of 2022 (Cr.MP(ST) No. 10865 of 2024) are deemed to have been allowed and disposed of following the respondent's declaration as proclaimed offender.

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Key takeaways

The appeal is closed and disposed of with a direction to the appellant/State to continue the efforts to trace and apprehend the respondent, with liberty for revival of the appeal as and when the respondent is apprehended and produced in the Court.ratio¶26

Detailed headnote1 paragraphs

High Court of Himachal Pradesh, Shimla — Cr. Appeal No. 150 of 2021, decided 17.12.2024 (Neutral Citation 2024:HHC:15045); Bench: Vivek Singh Thakur and Rakesh Kainthla, JJ., judgment orally by Vivek Singh Thakur, J. The respondent, Ajay Bahadur Kharka, stood declared a proclaimed offender by order dated 13.11.2024. A status report from SHO, Police Station, Theog, District Shimla recorded that despite all-out efforts no movable or immovable property was found in the respondent's ownership or possession. Consequent thereto, pending applications (Cr.MP No. 5202 of 2024; Cr.MP No. __ of 2022 / Cr.MP(ST) No. 10865 of 2024) were deemed allowed and disposed of, and the criminal appeal was closed and disposed of with a direction to the State to continue efforts to trace and apprehend the respondent and liberty to revive the appeal upon his apprehension and production before the Court. Judgment marked approved for reporting (Yes).

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Neutral Citation No. ( 2024:HHC:15045 )

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr. Appeal No. 150 of 2021 Date of Decision: 17.12.2024

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State of H.P ...Appellant

Versus

Ajay Bahadur Kharka

...Respondent

Coram

Hon’ble Mr Justice Vivek Singh Thakur, Judge.

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Hon’ble Mr Justice Rakesh Kainthla , Judge.

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Whether approved for reporting?¹

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For the Appellant : Mr. Ramakant Sharma, Additional Advocate General. For the Respondent : None. For Union of India : Mr. Lokender Paul Thakur, Senior Panel Counsel. HC Vinod No. 192, Police Station, Theog, District Shimla, H.P present in person.

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Vivek Singh Thakur, Judge, (oral)

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Cr.MP No. 5202 of 2024 and Cr.MP No. __ of 2022 (Cr.MP(ST) No. 10865 of 2024)

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The respondent has been declared as proclaimed

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offender vide order dated 13.11.2024, therefore, these applications

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are deemed to have been allowed and disposed of.

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Cr. Appeal NO. 150 of 2021

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Learned Additional Advocate General has placed on

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record the status report received from SHO, Police Station, Theog,

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

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Neutral Citation No. ( 2024:HHC:15045 )

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District Shimla along with documents appended thereto, wherein it has been stated that after making all out efforts, no movable or immovable property has been found in the ownership and possession of respondent-Ajay Bahadur Kharka.

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Respondent has already been declared proclaimed offender on 13.11.2024. As no movable or immovable property could be traced in his name, therefore, no further action is required at this stage.

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Therefore, the present appeal is closed and disposed of with a direction to the appellant/State to continue the efforts to trace and apprehend the respondent, with liberty for revival of the appeal as and when respondent is apprehended and produced in the Court.

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(Vivek Singh Thakur)

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Judge

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( Rakesh Kainthla)

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Judge

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17^th December, 2024

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( saurav pathania )