Poonam Srivastav, J. - (1.) The accused appellant was not present despite issuance of non-bailable warrant and there was no compliance report from the Chief Judicial Magistrate concerned. The report dated 17.7.2009 shows that the accused was living in Chhajjupura, Hapur 20-25 years back and at the moment he is not traceable.
(2.) In the circumstances, Ms. Anita Srivastava Advocate was appointed Amicus Curiae vide Court's order dated 24.10.2009. She prepared the case and is ready to argue the appeal on behalf of appellant.
(3.) Heard Ms. Anita Srivastava Amicus Curiae on behalf of the appellant Bharat and learned A.G.A. for the State.;