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IN THE HIGH COURT OF ALLAHABAD
BALA KRISHNA NARAYANA, ARVIND KUMAR MISHRA-I, JJ.
DEVENDRA - Appellant
Vs.
STATE OF U.P. - Respondent
Criminal Appeal No. 1968 of 1993
Decided on : 12-04-2017
Non-prosecution - Criminal Law - [Section 82/83 Cr.P.C., Section 446 Cr.P.C., Section 302 I.P.C., Section 324 I.P.C.] - The court examined the legal position on non-prosecution and adjournment, and proceeded to examine the appeal on merits in the absence of the appellant and his counsel. The appeal was against a conviction under Section 302 and 324 I.P.C. for the murder of the appellant's father and causing injuries to his sister-in-law.
Fact of the Case:
The appellant was convicted for the murder of his father and causing injuries to his sister-in-law. Despite efforts to trace the appellant, he remained absent, and his counsel expressed inability to argue the appeal. The court examined the legal position on non-prosecution and adjournment, and proceeded to examine the appeal on merits with the assistance of the State.
Finding of the Court:
The court found that the prosecution had proved the case against the appellant beyond all reasonable doubts. The medical evidence collated with the ocular version, and the witnesses' testimony was consistent and unimpeachable. The court dismissed the appeal, upholding the conviction and directing the Chief Judicial Magistrate to trace and send the appellant to jail.
Issues: The main issue was whether the prosecution had proved its case against the appellant beyond all reasonable doubts.
Ratio Decidendi: The court examined the legal position on non-prosecution and adjournment, and proceeded to examine the appeal on merits in the absence of the appellant and his counsel. The court found the prosecution's evidence to be reliable and trustworthy, and the medical evidence collated with the ocular version.
Final Decision: The appeal lacked merit and was dismissed. The Chief Judicial Magistrate was directed to make efforts to trace the appellant and send him to jail for serving out the remaining part of his sentence.
1. Case called out in the revised list. None has appeared on behalf of the appellant to press this appeal.
2. Record shows that this appeal is of the year 1993 and the accused-appellant Devendra @ Gantha is on bail since 18.08.1994.
3. Order sheet of this appeal indicates that following orders were passed by this Court in this appeal on different dates:-
31.07.2014:-
"Office report dated 30th July, 2014 records that the compliance report from the Chief Judicial Magistrate, Bareilly is still awaited.
Let a reminder be sent to the Chief Judicial Magistrate, Bareilly to submit his compliance report positively by 12th August, 2014.
List this matter on 12th August, 2014."
27.08.2014:-
"In view of the report submitted by the Chief Judicial Magistrate, Bareilly, referred to in the office report dated 12.07.2014, we direct the Chief Judicial Magistrate, Bareilly to initiate proceedings under Section 82/83 Cr.P.C. against the accused appellant Devendra @ Gantha and similarly to proceed against his surety under Section 446 Cr.P.C.
Office of the High Court may supply the necessary information about the sureties of the accused Devendra along with the copy of this order to the Chief Judicial Magistrate positively by Monday i.e. 01.09.2014.
Chief Judicial Magistrate, Bareilly may submit his compliance report by the next date.
List on 16th September, 2014.
16.09.2014:-
"Compliance report from the C.J.M., Bareilly is still awaited.
Let a reminder be sent to the C.J.M., Bareilly to comply with the direction issued by the Court on 27.8.2014 and to submit his compliance report positively by 26th September, 2014. In case of default, he shall appear before this court on the next date with all relevant records.
List on 26th September, 2014.
Copy of the order may be forwarded to the C.J.M., Bareilly by the office of the High Court by tomorrow."
25.10.2016:-
"In view of the office report dated 25.09.2016, C.J.M., Bareilly is directed to produce the appellant Devendra @ Gantha before this Court on the next date or to report his correct status.
List on 24.11.2016.
Office shall communicate this order to C.J.M., Bareilly and learned AGA within 48 hours."
24.11.2016:-
"Sri S.K. Kulshrestha, learned counsel for the appellant has informed us that he has no instructions from his client to argue this appeal.
Record shows that the appellant Devendra is on bail. In view of above, issue non-bailable warrant against accused-appellant Devendra through Chief Judicial Magistrate, Bareilly returnable at an early date. In case the appellant surrenders and/or is arrested, he shall be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the undertaking that he shall appear before this Court on the next date fixed. Chief Judicial Magistrate, Bareilly shall submit his report along with the copies of bail bonds and sureties furnished by the appellant.
List this Criminal Appeal on 9.1.2017."
09.01.2017:-
"Heard Sri S.K. Kulshrestha, learned counsel for the appellant has stated at bar that he has no instructions from his client to argue this appeal as despite several letters sent by his office to him, he has failed to respond.
Record shows that the appellant is on bail. In view of above, issue non-bailable warrant against accused-appellant Devendra @ Gantha through Chief Judicial Magistrate, Bareilly returnable at an early date. In case the appellant surrenders and/or is arrested, he shall be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the undertaking that he shall appear before this Court on the next date fixed.
Chief Judicial Magistrate, Bareilly shall submit his report along with the copies of bail bonds and sureties furnished by the appellant.
List this Criminal Appeal on 15.2.2017."
4. When all the efforts to trace out the whereabouts of the appellant Devendra @ Gantha failed, this Court passed an
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