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Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 422 & 423--IPL--S. 25--Appeal against acquittal--Hearing of appal without notice--Validity of--Hearing is a right of an accused without service of notice upon a accused person an acquittal appeal cannot be heard and disposed of--Held: The appeal shall remain pending till the accused are served upon or they are brought before the Court. AIR 1994 Cal. 234, ref. THIS ORDER PASSED BY: MUHAMMAD AZAM KHAN, JUSITCE:---.----- The Shariat Court of Azad Jammu & Kashmir through its judgment dated 3.6.2006 accepted Appeal No. 146/2005 filed by Yasir Ayub against the judgment of Additional District Criminal Court resulting in conviction under Sections 324, 459 and 337-D APC, while Appeal No. 9/2006 and 11/2006 filed by Muhammad Younis, one against the acquittal of Muhammad Yousaf and other for enhancement of sentence to Yasir Ayub were dismissed. The appellant, Muhammad Younis, filed acquittal appeal against this consolidated judgment of Shariat Court of Azad Jammu & Kashmir on 9.6.2006. The Registrar of the Court issued a notice for appearance of Respondents No. 1 and 2. A report was received in the office that Respondent No. 1 has gone to England. Again process server reported on 4.8.2006 that Respondents Nos. 1 and 2 have gone to England whereupon the bailable warrants amounting to Rs.50,000/- were issued on 23.1.2007 against them. It was ordered by the Court that if despite service respondents failed to appear in the Court then non-bailable warrants shall be issued against them. Although these bailable warrants could not be served upon them but non-bailable warrants were issued against them. Javed Rehman, ASI of Police Station Dudyal reported that he himself went to the house of Respondents Nos. 1 and 2. The house was locked and on enquiry it was told to him that whole family is in England. Mr. Khalid Rasheed Choudhry, the learned counsel for the appellant has argued that under Section 422 Cr.P.C. a notice was issued to the respondents. In response to the notice they did not appear in the Court. They shall be treated as absconder and under Section 423 Cr.P.C. an appeal can be heard and disposed of in…

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