The High Court dismissed a criminal acquittal appeal for non-prosecution after the petitioner failed to provide fresh particulars of the respondent despite multiple opportunities and orders.
Application seeking leave to appeal along with criminal acquittal appeal is dismissed.
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Sr. No. 07
HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
SLA No.86/2014
In
CRAA No.78/2014
State of J&K
….Petitioner/Appellant(s)
Through :- Mr. Aseem Sawhney, AAG
V/s
Raj Kumar
….Respondent(s)
Through :- None
Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
ORDER 03.12.2021
On 23rd April, 2021, the petitioner was directed to supply fresh particulars of the respondent so that notice of appearance could be served upon him. The needful was not done and this Court vide order dated 26.07.2021 gave last and final opportunity of two weeks to provide such particulars. The needful was not done yet again and this Court vide order dated 21.08.2021 gave two weeks’ further time to do the needful.
As per the report of the Registry, needful has not been done.
From the conduct of the petitioner, it clearly transpires that the applicant/State is not serious in pursuing this petition and, therefore, has failed to provide particulars of the respondent for his service even after availing several opportunities.
Accordingly, application seeking leave to appeal along with criminal acquittal appeal is dismissed for non-prosecution and non-compliance of orders for providing fresh particulars of the respondent.
(Sanjeev Kumar) Judge
Jammu: 03.12.2021 Vinod, PS
2 issues framed by the court
Whether a criminal acquittal appeal should be dismissed for non-prosecution and failure to appear a respondent.
Whether dismissal is justified despite several opportunities provided for compliance.
State of J&K
Raj Kumar
Sanjeev Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
