SECTIONIIB IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.)NOS.94859486 OF 2009

STATE OF HIMACHAL PRADESH .... Petitioner

VERSUS

RAMESH LAL & ANR. .... Respondents

OFFICE REPORT ON DEFAULT

The office report of direction dated 15.02.2016, in the matters abovementioned was listed before the Hon'ble Judge in Chambers on 04.03.2016, when His lordship was pleased to pass the following order:

"Learned counsel for the petitioner is granted four weeks' time to comply with the office report dated 15.02.2016."

It is submitted that the matters are after notice matters and there are two respondents (sole respondent in each matter) in these matters.

It is further submitted that Mr. Anil Srivastava, Advocate is representing sole respondent in SLP (Crl.) No. 9485/2009.

Sole respondent in SLP (Crl.) No. 9486/2009 is a resident of Nepal and as per guidelines of Ministry of Home Affairs, the notice in Nepal is required to be sent alongwith a prescribed proforma having been filled in Nepali language with seal and signature of a magistrate.

Therefore, Counsel for the Petitioner was required to file duly filled in prescribed form in Nepali Language with seal & sign of a Magistrate but she did not file the same. Since Counsel for the Petitioner did not file the aforesaid proforma, an Office Report on Default was listed before the Hon'ble Judge in Chambers on 02.05.2016, when His Lordship was pleased to pass the following Order:

"Learned counsel prays for and is granted four weeks' time to comply with the office report."

It is submitted that Counsel for the Petitioner has still not filed the dully filledin prescribed proforma in Nepali

Language with seal and sign of a Magistrate resulting which fresh Show Cause Notice could not be sent to Ministry of Home Affairs for service on sole respondent in SLP (Crl.) No. 9486 of 2009 at his Nepal address.

The Office Report on Default is listed before the Hon'ble Judge in Chambers.

DATED this the 11th day of July, 2016.

ASSISTANT REGISTRAR

COPY TO: 1. Ms. Pragati Neekhra, Advocate 2. Mr. Anil Shrivastava, Advocate

ASSISTANT REGISTRAR

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