Advocates:
['J S SENGAR', '', 'BHANU PRAKASH VERMA', 'G A']

Court No. - 43

Case :- CRIMINAL APPEAL No. - 1628 of 1988

Appellant :- Tota Ram And Another

Respondent :- State Of U.P.

Counsel for Appellant :- D.V. Jaiswal

Counsel for Respondent :- G.A.

Hon'ble Pankaj Naqvi,J.

Hon'ble Krishna Pratap Singh,J.

The report of the C.J.M. dated 25.05.2018 indicates that

whereabouts of appellant No.1/Tota Ram are not known

for last 25 years, whereas appellant No.2/ Karua has been

duly served, but has not appeared.

The reports in so far as it relates to appellant No.1 is not in

consonance with the Circular Letters No.15/2005, VIII-

119 April 19, 2005, and 04/admin g-ii dated Allahabad

18.1.2017 of this Court, which provides that it must

contain the statement of the informant or his legal heirs, if

any.

Let a fresh report be called from C.J.M, concerned in

respect of appellant no.1/Tota Ram in the light of above

circular.

Issue bailable warrants of Rs.10,000/- against the appellant

No.2/ Karua to be executed by the Chief Judicial

Magistrate, concerned. If he is arrested or surrender before

the Court, he shall be enlarged on bail by the C.J.M,

concerned on furnishing two sureties and a personal bond

each of the like amount on the undertaking that he shall

appear before this Court through a counsel. He need not

appear in person.

The C.J.M concerned shall ensure that at the time of

accepting bail bonds, authenticated copies of the current

address / I.D proof of the appellant No.2/Karua are taken

on record.

Summon the L.C.R, forthwith, if not already received.

Upon receipt of the L.C.R, office to prepare the paper-

books and to hand over a copy of same to the learned

counsel for the appellant on payment of usual charges and

to the learned A.G.A, free of cost.

Office is directed to prepare paper books and thereafter

handover a copy of the same to learned counsel for the

appellants on payment of usual charges and to the learned

A.G.A. free of cost.

List on 12.09.2018 for hearing.

Meanwhile, the Office and the learned A.G.A, shall also

ascertain as to whether any Criminal Appeal was preferred

by convicted co-accused Tuhi Ram under Section 374

Cr.P.C. if so, the said appeal be also tagged with this

appeal.

Office to ensure communication of this order forthwith

through speed post/ E-mail including a telephonic

communication to the Judgeship concerned.

Order Date :- 13.7.2018/Pr/-