Jammu & Kashmir High Court
State Of J&K vs Romesh Kumar And Ors on 17 April, 2023
Author: Mohan Lal
Bench: Mohan Lal
Sr.No. 18
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CRAA No. 45/2008
State of J&K. ....Petitioner/Appellant(s)
Through :- Ms. Shazia Asaf, Advocate vice
Mr. Pawan Dev Singh, Dy. AG.
V/s
Romesh Kumar and ors. ....Respondent(s)
Through :- Mr. L.K. Sharma, Sr. Advocate with
Mr. Deepak, Advocate for R-4.
Coram: HON'BLE MR. JUSTICE MOHAN LAL, JUDGE
ORDER
17.04.2023 In terms of the order of this Court dated 06.02.2023, the presence of the accused/respondent Nos. 1 and 2 is being awaited since 2008. Till date, the appellant/State has failed to secure the attendance of the said respondents.
Learned counsel for the respondent No. 4 has stated that respondent No. 3 had died during the pendency of the appeal. The interim orders of this Court reveal that number of times, bailable warrants have been issued, but still they remained unexecuted and the respondent Nos. 1 and 2 have not appeared for the last more than fourteen years.
The instant appeal is against the order/judgment dated 14.03.2008 passed by the Court of learned 1st Additional Sessions Judge, Jammu in case titled, "State vs. Romesh Kumar and ors.", by virtue of which, the accused/respondents have been acquitted. For the last more than fourteen years, the instant appeal is pending for disposal.
Admit.
Issue post-admission notice.
2Mr. L.K. Sharma, learned Senior counsel waives notice on behalf of respondent No. 4. Let notice be issued to respondent Nos. 1 and 2.
List for final consideration on 04.05.2023.
(Mohan Lal) Judge Jammu:
17.04.2023 Ram Krishan