State of H.P. vs Raju Thapa

Justice R.B. Misra, J.—This appeal was admitted on 22.6.2009. Respondent is native of Nepal. Bailable warrant of arrest was issued against the respondent and it was sent to Ministry of Home Affairs, Government of India, for execution as the respondent is stated to have left country for his native country Nepal. Warrant has been received back unexecuted with a letter from Under Secretary, Government of India, Ministry of Home Affairs, with the report that the warrant was sent to Indian Embassy at Kathmandu and the Embassy has returned the same with a report that in the past when warrants, summons, notices etc. were sent to the Government of Nepal for service/execution, the same were received back, with the remarks that warrants, summons, notices received from other countries cannot be served/executed in Nepal, as per the existing law of Nepal.

By following the precedent of Hon''ble Supreme Court in State of H.P. versus Satish Kumar in Criminal Appeal No. 917 of 1997 decided on 31st August, 2001, we dismiss this appeal for want of prosecution, because no useful purpose will be served by keeping it pending. However, liberty is reserved to the State to get the appeal revived if it happens to secure the presence of respondent.