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Himachal Pradesh High Court

State Of H.P. vs . Ram Krishan And Another. on 19 July, 2022

Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia

State of H.P. vs. Ram Krishan and another.

.

Cr. Appeal No.82 of 2021.

19.07.2022. Present: Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. Bhupinder Thakur and Mr. Yudhbir Singh Thakur, Deputy Advocate Generals, for the appellant.

Mr. Nikhil Chugh, Advocate, for respondent No.1.

r to Cr.M.P No. 2292 of 2021.

The State has filed the instant application seeking a direction to declare respondent No.2 as a proclaimed offender.

Records go to reveal that the process issued by this Court, initially, by way of bailable warrants and thereafter by way of non-

bailable warrants, has been received back unexecuted. It has been specifically stated in the affidavit that the Station House Officer, Kotkhai, has searched out the every possible place of hideouts of respondent No.2 and as per the statement of Vice President Sh. Aatish, Gram Panchayat Rawalakiyar, respondent No.2 is stated to have been fled away with his family to Nepal in the year 2020. At present, respondent No.2 does not live in India and his whereabouts are otherwise not known. A certificate of the Vice President, Gram Panchayat, has also been enclosed with the bailable warrants. The statements of S/Sh. Sanjeev s/o Sh. Ganga Ram and Jai Ram son of Sh. Jubulu Ram, who are local residents of village Kotla (Kothi) where respondent No.2 was last seen, have also been appended with the application ::: Downloaded on - 19/07/2022 20:06:15 :::CIS -2- which go to indicate that even these persons are not aware .

about the whereabouts of respondent No.2.

We have gone through the application which is duly supported by an affidavit of the Superintendent of Police, District Shimla and find sufficient grounds for allowing the same and declaring respondent No.2 as proclaimed offender.


                 Accordingly,
                  r               the     application       is    allowed        and

    respondent     No.2    is     declared       as    proclaimed         offender.

Proclamation to this effect is directed to be published in some conspicuous place of the town or village in which respondent No.2 ordinarily resided/resides and shall in addition thereto be affixed on some conspicuous part of the house or homestead in which respondent No.2 resides and copy thereof shall also be affixed on conspicuous part of the Court. The said proclamation be carried within 30 days and a statement to this effect be submitted to this Court before the next date of hearing.

The application stands disposed of.

List on 30.08.2022.

Cr. M.P. No.753 of 2022.

The application is disposed of with a direction to the applicant/appellant to file English translation of the Hindi documents within a period of four weeks.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) July 19, 2022. Judge (krt) ::: Downloaded on - 19/07/2022 20:06:15 :::CIS