( 1 ) THIS is a reference under Section 438 Cr. P. C. by the first Additional Sessions Judge, bangalore, recommending that the order of the learned First Class Magistrate, Civil Station, bangalore, passed in Criminal Misc. Case No. 6/665, dated 13-10-1965 be set aside.

( 2 ) ONE Safeera Bee filed an application under Section 488 Cr. P. C. on 23-3-63 against Hyder khan, claiming maintenance on the ground that she had been neglected, in the court of the First class Magistrate. Civil Station, Bangalore. Summons to Hyder Khan was issued on two or three times and the same could not be served on him. Ultimately, summons was returned by the Police with an endorsement that the summons could not be served on Hyder Khan and that fresh summons may be issued. Again summons was issued to Police on 1-4-63 for service. The Police made attempts to serve Hyder Khan on 2-4-63, but failed, and returned the summons. On 3-4-63, the learned Magistrate examined the Police Officer, who had been entrusted with the summons. On that evidence, he was satisfied that Hyder Khan was deliberately evading to receive the summons. Therefore, he held the service sufficient and as Hyder Khan was absent, he passed an

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