for the appellant, we carefully sifted through the record and find that the submission so made is without any foundation. The accused appellant was absconding and could not be arrested and thus, the Investigating Officer(PW-13) made all possible efforts including the procurement of warrant of arrest, attempt to serve the same at the village of the appellant, i.e., Khatta, U.P. He tried to locate the accused appellant at various locations, without any success. The warrant which is available on record clearly bears the address of the accused appellant as Khatta, Prahladpur, Bagpat, U.P. 1725. Even proceedings of proclamation and attachment were undertaken under Sections 82 and 83 CrPC but to no avail because the accused appellant had vanished after the crime and was not traceable at the crime scene or at his known address i.e. village Khatta, U.P. The fact regarding his abscondence was also published. Accordingly, a charge sheet came to be filed under Section 299 CrPC showing the