Himachal Pradesh High Court

CR.A/494/2009 on 30 December 2012

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

Cr. Appeal No. 494 of 2009

Date of Decision 30th December, 2011 ________________________________________________________ State of Himachal Pradesh.

….Appellant Versus

Meena Sen, wife of Shri Dhan Bahadur, resident of Phursh Khali, Ward No. 6, P.S. Dang, District Dang, Ravti Anchal (Nepal).

…..Respondent

Criminal Appeal under Section 378 of the Code of Criminal Procedure. ________________________________________________________

Coram

The Hon’ble Mr. Justice R.B. Misra, J. The Hon’ble Mr. Justice Dev Darshan Sud, J.

Whether approved for reporting?1 ________________________________________________________ For the Appellant: Mr. R.K. Sharma, Sr. Additional Advocate General with Mr. Rajinder Dogra, Additional Advocate General

For the Respondent: None. __________________________________________________________________

R.B. Misra, J.(oral)

This appeal was admitted on 6.10.2009. Respondent is native of Nepal. Bailable warrant of arrest was issued against the respondent and it was sent to Ministry of Home Affairs, Government of India, for execution as the respondent is stated to 1 Whether Reporters of Local Papers may be allowed to see the judgment? High Court of H.P. 2011:HHC:11767-DB ::: Downloaded on - 04/11/2026 23:12:42 :::CIS

2 have left country for her native country Nepal. Warrant has been received back unexecuted with a letter from Under Secretary, Government of India, Ministry of Home Affairs, with the report that the warrant was sent to Indian Embassy at Kathmandu and the Embassy has returned the same with a report that in the past when warrants, summons, notices etc. were sent to the Government of Nepal for service/execution, the same were received back, with the remarks that warrants, summons, notices received from other countries cannot be served/executed in Nepal, as per the existing law of Nepal.

2. By following the precedent of Hon’ble Supreme in State of H.P. vs. Satish Kumar in Criminal Appeal No. 917 of 1997 decided on 31st August, 2001, we dismiss this appeal for want of prosecution, because no useful purpose will be served by keeping it pending. However, liberty is reserved to the State to get the appeal revived if it happens to secure the presence of respondent.

(R.B. Misra),

Judge

December 30, 2011

(Dev Darshan Sud)

(ms) Judge. High Court of H.P. 2011:HHC:11767-DB ::: Downloaded on - 04/11/2026 23:12:42 :::CIS

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