Cr. Appeal No. 47 of 1996 11.3.2010 Present: Mr. Vivek Singh Thakur, Addl. Advocate General and Shri Ram Murti Bisht, Dy. Advocate General for the appellant. This appeal was admitted on 29th May, 1995. Despite repeated attempts the accused could not be served. Shri Anup Chitkara, Advocate, put in appearance for the accused but he also withdrew from the case pleading no instruction on 2.1.2008. Thereafter again repeated attempts were made to serve the accused but he could not be served. He was declared a proclaimed offender but 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 on 31st August, 2001 in Cr. Appeal No. 917 of 1997 titled State of H.P. vs. Satish Kumar. (Deepak Gupta) Judge. 11th March, 2010 ( Sanjay Karol ) ™ Judge.