The Criminal Misc. Case stands dismissed due to non-compliance with this Court's directions to file requisites for issuing notice to the opposite party by registered post with AD, resulting in the vacating of a stay order on an NBW.
Criminal Misc. Case dismissed; stay on NBW vacated.
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CRLMC No. 2852 of 2010
08.08.2016 None appears on behalf of the petitioners.
The petitioners challenged the order dated 10.01.2002 passed by the learned J.
M.F.C., Chandikhol in G.R. Case No.550 of 2000 in taking cognizance of the offences under sect
ions 498-A/379/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act and also
issuance of non-bailable warrant of arrest against them. This Court vide order dated 26.10.20
10 was pleased to issue notice and directed that requisites to be filed within three days by r
egistered post with AD and the non-bailable warrant of arrest was directed not to be executed
till the next date. Even though the order was passed on 26.10.2010, no requisites as was direc
ted to be filed vide order dated 26.10.2010 was filed. The matter came up again before this Co
urt on 03.04.2015. On that day, this Court granted two weeks time to file the requisites for i
ssuance of notice. That order was also no complied with. In view of non-compliance of the two
orders dated 26.10.2010 as well as 03.04.2015 and non-filing requisites for issuance of notice
to the opposite party no.2 by registered post with AD., this criminal misc. case stands dismi
ssed.
The order passed in Misc. Case No.2003 of 2010 staying the execution of NBW al
so stand vacated.
A copy of the order immediately handed over to the learned counsel for the Sta
te as well as copy of the order be sent to the learned J.M.F.C., Chandikhol to do the needful.
4
Petitioners
Opposite Party No.2
As recorded by the court registry
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