In an appeal where the appellant sought issuance of non-bailable warrants, the Court was informed by a police report that the respondent had died. Consequently, the appeal abated and was disposed of without a reasoned judgment.
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( 2024:HHC:5107 )
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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_
Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge Hon'ble Mr. Justice Sushil Kukreja, Judge
1 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.”
1 Whether reporters of Local Papers may be allowed to see the judgment?
( 2024:HHC:5107 )
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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.”
( 2024:HHC:5107 )
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Pending miscellaneous application(s), if any, shall also
stand disposed of.
Judge
( Sushil Kukreja )
Judge
July 15, 2024
(VH)
State of Himachal Pradesh
Rajan
Tarlok Singh Chauhan
Sushil Kukreja
As recorded by the court registry
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