NIRMALA KOHLI Vs. CENTRAL BUREAU OF INVESTIGATION
LAWS(DLH)-1995-5-90
HIGH COURT OF DELHI
Decided on May 01,1995

NIRMALA KOHLI Appellant
VERSUS
CENTRAL BUREAU OF INVESTIGATION Respondents


Referred Judgements :-

RAMRATI KUER VS. DWARIKA PRASAD SINGH [REFERRED]


JUDGEMENT

VIJENDER JAIN - (1.)I have observed in the last order dated 8.3.95. that B.S.Kohli was posted in Dubai in the year 1979 and on his return from Dubai he was prosecuted under Sec.5 of the Prevention of Corruption Act read with Sec 104 Indian Penal Code. Case was instituted against him on 31.8.85. On 10.8.87 accused was declared proclaimed offender the thereafter his proper was attached
(2.)Learned counsel for the petitioner has argued that since then the whereabouts of the accused are not known In this connection a notice was issued to the SHO of the concerned police station stating inter alia. that the whereabouts of the accused were not heard The notice was sent on 13 6.85 by the counsel of the accused. In reply to the said notice reply purported to have been written by SHO P.S.Moti Bagh has been filed that B S.Kohli was not traced in spite of best efforts made to trace and no information was received from any Police Station and other sources that he is no more. nor his whereabouts could be established.
(3.)After a lapse of 7 years wife and daughter of the accused B.S.Kohli filed a petition in the court of Special Judge stating inter alia. that as the accused has not been heard for the last 7 years the case against him abates. In support of his contention against him abates. In support of his contention learned counsel for the petitioners has argued that in terms of Ss 107 and 108 of the Evidence Act (hereinafter referred to as the Act) if a person is not heard of by the near relations who in normal course of relationship could hear about the person being dead or alive in such cases the onus will lie on the party who alleges that such person is alive.
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