Cr. Appeal No. 34 of 2008 22.10.2008 Present: Mr. Ram Murti Bisht, and Mr. Rajesh Mandhotra, Deputy Advocate Generals for the Appellant-State. This appeal was admitted on 22nd November, 2007 and since then various opportunities have been given to the appellant-State to serve the respondent. The bailable warrants were issued to procure the presence of the accused-respondent and on 8th April, 2008 it was reported that accused who is a citizen of Nepal has gone back to Nepal. Thereafter, opportunities were given to the State to take steps to serve the respondent in Nepal and the matter was listed for this purpose on 15th May, 2008, 7th July, 2008, 13th August, 2008, 18th September, 2008 and 15th October, 2008 but neither any steps have been taken nor the address of the accused has been filed. It is apparent that 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 not been able 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 dismissed for non-prosecution, with liberty reserved to the State to apply for revival of the appeal in case they can procure the presence of the accused. While dismissing 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 ), J. October 22, 2008 ( V.K.Ahuja), J. ™