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1978 Supreme(J&K) 48

A.S.ANAND
Hassan Sheikh – Appellant
Versus
Ab. Rashid – Respondent


Advocates Appeared:
Advocate For Appellant: Sunil Hali
Advocate For Respondent: P.N. Qazi

1. An interesting question of law as to whether service of summons by a registered post letter on the person proceeded against under sections 488 Cr. P.C. is legally valid or not has been raised by Mr. Hali appearing for the petitioner in this case.

2. The respondents to this petition, claiming to be the wife and children of the petitioner herein, filed an application under section 488 Cr. P. C. claiming maintenance. On 25th April, 1974, the learned trial magistrate directed the issuance of summons to the petitioner. The case was adjourned to 7th May, 1974. Summons were not received back by that date and the learned trial court directed the service of the petitioner by a registered post letter. On 11th of June, 1974, the court directed the case to be set exparte against the petitioner on the ground that he had refused to accept the registered post letter. After setting the case exparte, the respondents were given opportunity to establish their case and vide order dated 18th June, 1974, the court awarded maintenance at the rate of Rs. 120/- P.M. in favour of the respondents. Aggrieved against the order, the petitioner filed a revision petition before the learned Sessions Judge, Ana

























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