Poonam @ Shamim v. State N.C.T. Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

R-14 + CRL.A. 401/2002 POONAM @ SHAMIM ..... Appellant Through versus STATE (NCT OF DELHI) ..... Respondent Through:

Ms.Radhika Kolluru, APP for State with Insp. Tribhuvan Negi, P.S. New Delhi Rly. Station.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE I.S.MEHTA

O R D E R

% 11.01.2018

1. None appears for the appellant.

2. This appeal was admitted way back in 2002 and on 11th October 2002 the sentence of the Appellant was suspended. From the memo of parties it is seen that the Appellant has her permanent address in Saharanpur, U.P.

3. The police officer from PS New Delhi Railway Station is not in a position to inform whether the Appellant is available at the given address.

4. The present appeal has been shown on the regular board of this Court for well over two months now. If notices are now sent to the Appellant for her appearance in Court it would in all probability not be served and there will have to be a indefinite wait for that to happen. The better course that

commends itself to the Court is that the appeal be dismissed in default with permission to the Appellant to apply to this Court to revive the appeal for hearing immediately after her appearing before this Court in person.

5. Meanwhile, the SHO of the concerned PS will also make persistent efforts to trace the Appellant and take further consequential steps upon the dismissal of this appeal. As soon as Appellant is taken into custody, the SHO will file a report in this Court and instruct the APP to immediately mention the appeal for listing.

6. The appeal is accordingly dismissed with the aforesaid directions. The order dated 11th October 2002 suspending the sentence of the Appellant is recalled and the personal bond and surety bonds furnished pursuant thereto stand cancelled.

S.MURALIDHAR, J.

I.S.MEHTA, J.

JANUARY 11, 2018 'sr'