IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. Appeal No. 587 of 2008 Decided on : 15th December, 2011 _____________________________________________________ State of Himachal Pradesh ….Appellant Versus Dil Bahadur son of Shri Ganpati, resident of Village Mulkot, P.S. Baglom Dhaulagiri Anchal, Nepal. …Accused/ Respondent. Coram The Hon’ble Mr. Justice R .B. Misra, Judge. The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting? For the petitioner: Mr. R.K. Sharma, Senior Additional Advocate General with Mr. Rajinder Dogra, Additional Advocate General For the Respondent: R.B.Misra, Judge (oral). This appeal was admitted on 5th September, 2008. 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 2 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. 2. By following the precedent of Hon’ble Supreme Court in State of H.P. Vs. 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. (R.B. Misra), Judge (Sanjay Karol), Judge 15th December, 2011 (KRS)