Walter Drek Alias Johnny v. State Of Madhya Pradesh (Now Chhattisgarh)

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.M.P. No. 985 of 2020

1. Walter Drek Alias Johnny, S/o Melcom Drek, R/o Quarter No. 146 E.W.S. Housing Board Colony, District : Durg, Chhattisgarh.

2. George Francis Alias Georgi, S/o Mr. H.J. Francis, Aged about 33 years, Resident of Subhash Nagar Kesari, District Durg, Madhya Pradesh Now Chhattisgarh.

---- Petitioners.

Versus

State of Madhya Pradesh (Now CG) ---- Respondent Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 14/12/2020 (1) This is an office reference.

(2) This Court by judgment & order dated 17.02.2020 dismissed the Criminal Appeal preferred by accused/appellants namely Walter Drek alias Johnny & George Francis alias Gerogi and directed the Sessions Court to arrest accused/appellant No. 1 - Walter Drek for undergoing the remainder of the sentence, which states as under :- "10. Accordingly, the appeal being devoid of merits is liable to be and is hereby dismissed. Appellant No. 1 Walter Drek is reported to be on bail. His bail bonds stands cancelled. The trial Court will prepare super-session warrant and issue non-bailable warrant against the appellant No. 1 Walter Drek and after his arrest he be sent to jail for serving out remainder of the sentence. The trial

Court to submit its compliance report on or before 31-7-2020." (3) Accordingly, copy of this order was sent by the Registry of this Court, which was received by 8th Additional Sessions Judge, Durg right in time but the said order was not complied with and ultimately now the report has been received on 17.10.2020 that accused/appellant - Walter Drek Alias Johnny has died, as such, Cr.M.P. is closed. However, it is observed that learned Additional Sessions Judge, Durg did not take proper steps for complying with the order of this Court Court dated 17.02.2020 right in time, he is directed to be careful in future while complying with the order of this Court. (4) Copy of this order be sent to the concerned Judge and also copy of this order be sent to the Registrar General of this Court. (4) With the aforesaid observations, the Cr.M.P. stands disposed of. Sd/- (Sanjay K. Agrawal) Judge D/-