State Of H. P vs. Fajaldeen
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Order Issued After Hearing
Purpose:
Case Registered
Listed On:
30 Oct 2012
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Order Text
SECTION-IIB IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO. 9057 OF 2012
STATE OF H.P. ...PETITIONER
FAJALDEEN ...RESPONDENT
VERSUS
OFFICE REPORT
The matter above mentioned was listed before the Hon'ble Court on 10.11.2014 when the Court was pleased to pass the following order:
"From the Office Report dated. 7.11.2014, it appears that inspite of the bailable-warrants issued against the respondent, he did not choose to appear in person or present through counsel. According to the report of the Civil Judge (Sr. Division)-cum-CJM, Chamba District dated 19.9.2014, the accused appeared before the learned Judge on 16.9.2014 and undertook to be present in this Court.
Instead of such an undertaking, the accused is not present. In the circumstances, we direct the appellant-State of Himachal Pradesh to produce the respondent in custody on 1.12.2014. Registry is directed to issue non-bailable warrants against the respondent for securing his presence before this Court on 1.12.2014. List the matter on 1.12.2014."
It is submitted that in compliance of this Court's Order quoted above, non bailable warrants of arrest were issued on 11.11.2014 by speed post for securing presence of sole respondent before this Hon'ble Court on 01.12.2014.
It is further submitted that Under Secretary (Home), Govt of Himachal Pradesh has sent a copy of letter dated 22.11.2014 addressed to the Director General of Police, Himachal Pradesh, Shimla forwarding therewith copy of Non Bailable Warrants dated 10.11.2014 and further requesting the D.G.P. for securing presence of the accused before this Hon'ble Court on 01.12.2014. Copy of the letter dated 22.11.2014 is enclosed herewith for kind perusal of Hon'ble Court.
It is further submitted that service of show cause notice is complete but no ne has entered Vakalatnama/Appearance on behalf of Sole Respondent so far.
The matter is listed before the Hon'ble Court with this office report.
DATED this the 28th day of November, 2014.
COPY TO:
- Mr. V.K. Sharma, Advocate
SK-C2
ASSISTANT REGISTRAR