TALYAB ALI KHAN Vs. ANWAR JAVED

JUDGEMENT

(1.) J. C. Mishra, J. Notices sent to the accused at the addresses given in the memo could not be served as none of them were available. From the officer report it ap pears that the accused Bhurey alias Wasiullah had sold his properties movable and immovable and has gone to Delhi. His place of residence could not be found. Similarly Mohd. Furkan has also left place of his residence after selling his property and has shifted to some unknown place.

(2.) ANWAR Javed and Sarwar Javed were residing in Mohalla Shahabad Churi Wali Gali, police station Prem Nagar, District Bareilly and they have left the place after selling their properties. Thus, none of the opposite parties could be found and, therefore, it is not possible to serve the notice to them.

(3.) ON consideration of the entire facts and circumstances I find that the judgment suffers from perversity. At the stage of framing charge the Court had no jurisdic tion to weigh the evidence.