Court No. - 43 Case :- CRIMINAL APPEAL No. - 876 of 1991 Appellant :- Zuber Alam Respondent :- State Counsel for Appellant :- A/P0249,Pradeep Kumar Mishra Counsel for Respondent :- A.G..A Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Sri Pradeep Kumar Mishra, learned Amicus Curie for the appellant and learned A.G.A. for the State are present. 2. The present appeal has been filed with a prayer to set aside the judgement, order and sentence dated 27.02.1991 passed by IIIrd Additional Sessions Judge, Muzaffarnagar in S.T. No.- 375 of 1988 (State of U.P. Vs. Zuber Alam). 3. On 10.04.2025 following order was passed:- "1. Shri Pradeep Kumar Mishra, learend Amicus Curiae is present. 2. On 06.03.2025, following order was passed: "1. Sri Pradeep Kumar Mishra, learned Amicus Curiae is present in this case. 2. Office report dated 05.03.2025 indicates that sole appellant is not found on the given address. 3. In such view of the matter, the Chief Judicial Magistrate, Muzaffar Nagar is directed to get the bailable warrant executed on the address so given in the judgment. 4. The office is directed to send the details of sureties with photocopy of the bail bonds indicating the details of the sureties of the appellant to the concerned Chief Judicial Magistrate forthwith so that appropriate action be taken against the sureties under Section 446 Cr.P.C. 5. The Chief Judicial Magistrate concerned is directed to proceed in accordance with Section 446 Cr.P.C. against the sureties and submit a report in this regard to this Court till the next date of listing. 6. List on 10th April, 2025." 3. According to the office report dated 09.04.2025, the Chief Judicial Magistrate has issued notice to the sureties for being proceeded against them under Section 446 Cr.P.C. 4. On perusal of the order-sheet, we find that non-bailable warrant was never issued against the sole appellant and proceedings under Section 82 Cr.P.C. were also not directed to be undertaken and the notices to the sureties have been issued only yesterday by the Chief Judicial Magistrate. 5. Under such circumstances, let non-bailable warrant be also issued against the sole appellant and he may be proceeded under Section 82 Cr.P.C. as well. 6. We further find that in the memo of appeal as well as in the judgement, two addresses of the sole appellant have been given; one permanent address is of District- Saharanpur and the current address is of District- Muzaffarnagar. The effort shall be made by the police authorities on both the addresses. 7. In the meantime, proceedings against the sureties as already directed by the above quoted order, may also be finalized and report be submitted in respect of all the directions as given by this Court. 8. List this appeal on 01.05.2025. 9. Learned Amicus Curiae has gracefully consented to remain present in the first call on the next date." 4. Pursuant to the aforesaid order, office has submitted report dated 01.05.2025 based on the report of learned C.J.M., Saharanpur dated 30.04.2025 according to which sole appellant Zuber Alam had died in the year 2003 itself. 5. We gone through the report submitted by learned C.J.M., Saharanpur dated 30.04.2025 along with the copy of death certificate issued by Gram Panchayat Gopali indicating therein that the appellant Zuber Alam died on 10.05.2003. The statement of Investigating Officer Hemant Bharti is also on record. We further find that as per the report of learned C.J.M., Saharanpur, notices were issued to witnesses but no body turned up for recording statement. The certificate of Gram Pradhan of Village- Gopali dated 23.04.2025 is also on record. 6. In such view of the matter the appeal stands abated. Order Date :- 1.5.2025 Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad