Rajul Bhargava, J. - (1.) Order-Sheet of this case reveals that notices were issued to opposite party nos. 2 and 3 by an order of this Court dated 27.7.2017. In compliance of order of this Court, report of Chief Judicial Magistrate, Moradabad was received, according to which, opposite party nos. 2 and 3 were not found at their given address and search was being made. The case was adjourned several times and in the counter affidavit filed by the State, it is shown that notice has been effected on one Girvar son of Ram Singh while the first informant of the case is Smt. Sunita and Girvar is neither first informant nor prosecutrix. Thereafter on 16.11.2017, the Chief Judicial Magistrate was directed to ensure service of notices upon opposite party nos. 2 and 3 within seven days. Again reminder was sent by an order dated 1.12.2017 of this Court. In this behalf, learned Chief Judicial Magistrate, Moradabad submitted a report that first informant and the prosecutrix have relocated themselves in Chandigarh and are working as labourer and their whereabouts are not traceable. Similar such report has been submitted by the police concerned which has been submitted by learned A.G.A. in his counter affidavit, copy whereof is filed as annexure-1.
(2.) In view of it, the service of notices upon opposite party nos. 2 and 3 is dispensed with.
(3.) Heard Sri Mohit Singh, learned counsel for the appellant, learned AGA for the State and perused the record.;