Cr.A No.574/2008 24.11.2009 Present: Mr. P.M. Negi, Deputy Advocate General, and Mr. Ramesh Thakur, Assistant Advocate General, for the appellant. This appeal was admitted on 18th August, 2008. Respondent is a native of Nepal. Open-dated non-bailable warrant of arrest issued to the respondent has been received back with the report that the respondent has left this country for his native country, i.e. Nepal. Learned Deputy Advocate General submits that earlier also non-bailable warrants issued against the accused-respondents, who were native of Nepal, in some other cases, had been received back unexecuted with a letter from Under Secretary, Ministry of Home Affairs, Government of India, with the report that the warrant(s) was sent to Indian Embassy at Kathmandu and the Embassy had 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, etc. 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 the respondent. ( Surjit Singh ), J. November 24, 2009(sd) ( Surinder Singh ),J.