Cr. A. No. 278 of 2006 6.1.2009 Present: Mr. P.K. Sharma, Addl. A.G. with Mr. P.M. Negi, Deputy Advocate General, for the appellant. This appeal was admitted on 31.8.2006. 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 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. 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. Cr. A. No. 278 of 2006 Cr.MP No. 772/2008 Infructuous. (R.B. Misra), J. January 6, 2009(vs) (Surjit Singh), J.