The State Of Himachal Pradesh Home Department Through Secretary vs. Guddu Ram
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SECTIONIIB IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO. 1948 OF 2015
STATE OF HIMACHAL PRADESH ...Petitioner
VERSUS
GUDDU RAM ...Respondent
OFFICE REPORT FOR DIRECTIONS
The matter above mentioned was listed before the Hon'ble Court on 27.02.2015, when the Court was pleased to pass the following Order:
"Delay condoned. Issue notice."
Accordingly, Show Cause Notice was issued to the sole respondent through Regd. A.D. Post of 16.03.2015.
It is submitted that unserved cover containing show cause notice was received back in respect of sole respondent with postal remarks "No person of such name resides on the given address".
Therefore, the matter was listed before Court of Ld. Registrar from time to time, when the following orders were passed:
I. Registrar Court's Order Dated 07.08.2015:
"The ld. Counsel for the petitioner to furnish the fresh and complete address with regard to the sole respondent. Be furnished within four weeks time. Notice thereafter be issued. List again on 27.10.2015."
II. Registrar Court's Order Dated 27.10.2015:
"Fresh particulars of the sole respondent are yet to be furnished by the ld. Counsel for the petitioner. Be furnished within four weeks time. Notice thereafter be issued.
List again on 21.1.2016."
III. Registrar Court's Order Dated 21.01.2016:
"Ld. Counsel for the petitioner to furnish fresh particulars of the sole respondent within two weeks time as last opportunity. Notice thereafter be issued.
List again on 5.4.2016."
IV. Registrar Court's Order Dated 05.04.2016:
"Despite last opportunity granted, fresh address of the sole respondent has not been furnished. Let the matter be placed before the Hon'ble Judge in Chambers for further directions."
It is submitted that despite the several opportunities given by the Ld. Registrar Court, vide the orders quoted above, the Counsel for the Petitioner has not filed fresh particulars of sole respondent. However, counsel has on 25.04.2016 filed address of sole respondent, which is the same address from where show cause notice was returned unserved, resulting which, notice could not be served on the sole respondent.
The Office Report for directions is listed before the Hon'ble Judge in Chambers.
DATED this the 26th day of April, 2016.
ASSISTANT REGISTRAR
COPY TO : 1. Ms. Pragati Neekhra, Advocate
ASSISTANT REGISTRAR
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