Allahabad High Court
Vijendra vs The State Of U.P. on 11 February, 2025
Bench: Vivek Kumar Birla, Yogendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:19918-DB Court No. - 43 Case :- CRIMINAL APPEAL No. - 771 of 1996 Appellant :- Vijendra Respondent :- The State Of U.P. Counsel for Appellant :- Raj Singh Counsel for Respondent :- D.G.A. Hon'ble Vivek Kumar Birla,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. List revised. No one is present for the appellant to press this appeal.
2. On 10.01.2025, the following order was passed:
"List revised. No one is present on behalf of the appellant. On 01.11.2021, following order was passed :
"Perused the order dated 16.07.2021 passed by this Court and the report dated 22.07.2021 submitted by Chief Judicial Magistrate, Ghaziabad. The order dated 16.07.2021 passed by this Court is quoted as under;
"In this appeal vide order dated 10.12.2018, bailable warrants had been issued against the appellant. The C.J.M. concerned has reported that the appellant is absconding from his given address since last ten years. The C.J.M. concerned is directed to proceed in accordance with Section 446 Cr.P.C. against the sureties and submit a report in this regard to this Court within three weeks. List after three weeks."
In the report, the Chief Judicial Magistrate, Ghaziabad submitted that notice could not be served on accused appellant Vijendra son of Sri Charan Singh as he has reported to had gone to Kedarnath in the year 2013 and is reported to be missing since then. However, report with regard to proceeding initiated under Section 446 Cr.P.C. against sureties has not been submitted.
Perusal of the report dated 22.07.2021 further indicates that the same is not in accordance with Circular Letters No.15/2005, VIII-119 April 19, 2005 and 04/admin g-ii dated Allahabad 18.01.2017 issued by this Court. This practice is not applicable.
Office is directed to immediately send reminder to the Chief Judicial Magistrate, Ghaziabad to submit fresh report in accordance with the Circular as well as what action has been taken against the sureties under Section 446 Cr.P.C.
Office is also directed to send the details of sureties to the CJM concerned for necessary action.
List in the week commencing 13th December, 2021."
Pursuant to the order dated 01.11.2021, office has reported that a letter dated 12.11.2021 with the remark that details of sureties are not available in the LCR. Further correspondence with the Chief Judicial Magistrate and the court concerned also reflects that the details of the sureties are not available and efforts are being made out to trace out the same.
We find that report of only one date for the last about 9 months reflect the unfortunate situation.
Office is directed to send a letter to the District Judge, Ghaziabad to look into the matter so that serious efforts be made to trace out the details of the sureties for the purpose of compliance of the order as noted above.
Office is directed to do the needful forthwith.
District Judge, Ghaziabad to submit his categorical report in this appeal.
List this case on 11.02.2025."
3. Pursuant to the aforesaid order, office has submitted a report dated 11.02.2025 based on the report dated 10.02.2025 sent by the District Judge, Ghaziabad.
4. We have perused the aforesaid report. According to the report, the details of sureties and bail bonds could not be traced out and the appellant, Vijendra was missing since 2013, when he had gone to Kedarnath on pilgrimage. It has been also reported that nobody of the family of the appellant resides at the given address and in all probability, it appears that appellant, Vijendra died in the year 2013 due to heavy rainfall resulting in flood and land slide. This fact has also been certified by Ms Seema, Sabhasad, Ward No.8, Nagar Palika Parishad, Hapur, vide her certificate dated 29.01.2025, a copy whereof has been annexed with the report. The police report dated 27.1.2025 is also to the same effect, a copy whereof has also been annexed. The police report dated 27.1.2025 further reflects that the statements of two witnesses, namely Kunwarpal Ken S/o Vedram and Ravinder Kumar S/o Mahendra Singh, R/o Kanhaiyapur, Hapur Nagar, Hapur were also recorded, who also certified the death of the accused.
5. We have also seen the report dated 20.07.2021, submitted by the Police Station Kotwali Nagar, District Hapur to the effect that accused and his family members have left their place of residence viz. Mohalla Kanhaiyapur, District Hapur, long back and on enquiry, her sister, Sangeeta was found to be living with her husband, Shiva Chaudhary in Mohalla Kavinagar, Police Station Dehat, Hapur and on being contacted, she had informed in categorical terms that accused Vijendra had gone to Kedarnath in 2013 and after occurrence of flood there, he was found missing therefrom and never returned to home as he might have died there in that calamity.
6. In such view of the matter, there is sufficient evidence on record to believe that the appellant has died.
7. Accordingly, the present appeal stands abated.
Order Date :- 11.2.2025 Arun K. Singh