BOMBAY HIGH COURT

State of Goa vs Venkatesh CRL-A 37/01

Section 326 IPC Section 82 CRPC Appeal against acquittal – For offence of voluntary causing grievous hurt by dangerous weapons or means – Appellant/State was expected to serve respondent(original accused) – But the record shows that State was unable to serve respondent, as a consequence of which nonbailable warrants were issued against respondent – Despite number. of opportunities granted, appellant-State has not been able to serve notice to respondent or to execute non-bailable warrant – Appeal pending for 21 years – Held, no purpose would be served by keeping appeal pending Appeal dismissed in default. [Paras and 8]

4. Thereafter execution of the non-bailable warrant was awaited and the subsequent orders show that on number of occasions time was granted to the appellant/State to take necessary steps in the matter, on a few occasions recording that the adjournment was granted as a matter of last chance.
5. By order dated 24.6.2019, this Court recorded that several attempts were made to serve the respondent and to trace him, including by issuing a proclamation for person absconding under Section 82 of the Cr.P.C., yet the respondent could not be served. By the said order, fresh non-bailable warrant was issued to be executed by the Superintendent of Police, District Warangal, which was the last known place of residence of the respondent.

28/02/22

click here for the judgment

Judgment Bombay HC display_pdf (33)

Adv Saba Hasan ( All rights reserved)