Cr.A No.268 of 2001 5.3.2011 Present: Mr.Vivek Singh Thakur, Addl.AG with Mr.Rajesh Mandhotra, Dy.AG, for the appellant. None for the respondent. This appeal was adjourned sine die on 26.8.2003 and though no application for revival has been moved, the Registry has listed the case for hearing. The State is not even in a position to locate the accused or his property. It is apparent that the whereabouts of the respondent are not known to the State and therefore, it is virtually not possible to take any coercive steps to procure the presence of the acquitted person. It is not known whether the respondent is dead or alive. The State has been unable to find out any information with regard to the respondent. In such a situation, no purpose shall be served to keep the appeal pending. The appeal is accordingly disposed of with liberty reserved to the State to apply for revival of the appeal in case they can procure the presence of the accused. The appeal is ordered to be consigned. However, the record shall not be destroyed without specific order from the Court since we have given liberty to the State to apply for revival of the appeal. While disposing of the appeal, we are following the orders passed by the Apex Court in Cr.Appeal No.917 of 1997 titled State of H.P. Vs. Satish Kumar. (Deepak Gupta), Judge March 5, 2011 (m) (Sanjay Karol), Judge