PRABHOO DAYAL Vs. ZAHEER

JUDGEMENT

(1.) THIS applicant has been filed by the applicants Prabhoo Dayal, Murali alias Pappu, Ram Naresh and Shanker Lal with a prayer that proceedings in complaint case No. 649 of 1986, Zahir v. Prabhoo Dayal & Ors., under Section 420 I.P.C. pending in the Court of Learned Metropolitan Magistrate, Raipurwa Kanpur Nagar, may be quashed and the order dated 1 -9 -1986 passed by the learned Metropolitan Magistrate 5th Raipurwa may be set aside.

(2.) IN this case notice was issued to the opposite party Zahir in pursuance of the order dated 23 -4 -1987 passed by this Court but the same could not be served upon him because as per report of the learned C.M.M. Kanpur Nagar, the respondent has left Kanpur City after selling his house on 5 -12 -1991 to Smt. Asha Devi wife of Virendra Kumar Srivastava and he is not traceable. In such a situation, issuing a fresh notice to the opposite party, will be a futile exercise. This matter is too old of the year 1987, therefore, with the assistance of the learned Counsel for the applicant and the learned A.G.A. it is matter is being disposed of.

(3.) HEARD Sri O.P. Singh learned Counsel for the applicants and the learned A.G.A.