Court No. - 61
Case :- CRIMINAL APPEAL No. - 716 of 2010 Appellant :- Laxman Respondent :- State Of U.P.
Counsel for Appellant :- H.C. Mishra Counsel for Respondent :- Govt. Advocate
Hon'ble Umesh Chandra Tripathi,J.
List has been revised. None is present on behalf of appellant Laxman to argue this case.
Heard learned Additional Government Advocate for the State of U.P.
This appeal under Section 449 Cr.P.C. is directed against the order dated 19.01.2010 passed by Special Judge, Jhansi, in Criminal Misc. Case No. 1 of 2001 whereby recovery warrant has been issued against the appellant.
It is narrated in the appeal that without affording any opportunity to the appellant, impugned order has been passed.
In his affidavit, appellant Laxman has admitted this fact that notice under Section 446 Cr.P.C. was served upon his son, but his son could not inform the appellant about the date fixed, that is to say, 19.01.2010, due to which he could not show reason for not paying the penalty.
Even before this court, the appellant has not shown any reason as to why penalty should not be recovered from him.
In such circumstances, there is no infirmity or illegality in the impugned order passed by the trial court and the appeal is liable to be dismissed.
Accordingly, the appeal is dismissed. Order Date :- 28.11.2017 I. Batabyal