Dayanand Swaroop vs State of U.P. and another

Shri Kant Tripathi, J.—List has been revised.

Heard the learned Additional Government Advocate. None responded for the appellant.

This is an appeal under section 341 Cr. P.C. against the judgment and order dated 29.1.1981 passed by the Sessions Judge, Bulandshahar, directing to file a complaint against the appellant, who is a practising advocate. The appellant is neither an accused nor a convict. As such issue of a nonbailable warrant for his arrest is not proper. The earlier order issuing a nonbailable warrant for his arrest is recalled. It is, however directed that a notice be sent to the appellant requiring him either to appear personally or through counsel for hearing in this Court on 10th August, 2009. failing which the appeal may be heard and disposed of in his absence.

The Chief Judicial Magistrate, Bulandshahar is directed to make compliance of this order and submit the compliance report positively within one month from the date of receipt of the copy of this order.

A copy of this order be sent to the Chief Judicial Magistrate, Bulandshahar forthwith by fax.

List this appeal for hearing on 10.8.2009.