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1980 Supreme(Mad) 458

U.L.BHAT
Eralottu Chathu – Appellant
Versus
Patingattillath Gopalan – Respondent


Advocates:
Advocate Appeared:
P.K. Appa Nair and Mohan C. Menort, for Petitioner.
M.K. Damodaran, N.L. Krishnamoorthy and Siby Mathew, for Respondent No. 1.
Public Prosecutor, for Respondent No. 2.

Order.

1. The revision petitioner is the complainant in C.C. No. 33 of 1979 on the file of the Judicial I Class Magistrate, Badagara. He filed a private complaint against the present 1st respondent Gopalan (2nd accused) and one Krishnan (1st accused) alleging an offence punishable under section 415, Indian Penal Code. It appears Krishnan is now working in Sultanate of Oman, a Gulf country. The 1st respondent was served with summons and appeared in Court. Krishnan could not be served. The complainant ultimately filed a petition before the Magistrate praying that summons may be sent through the Indian Embassy in the Sultanate of Oman. The petition was dismissed on the ground that no Rules have been framed by the State Government as contemplated by section 62 of the Criminal Procedure Code. The correctness and propriety of this order is now challenged.

2. Chapter VI of the Code of Criminal Procedure, 1973, (for short the Code) deals with processes to compel appearance sections 61 to 69 appear under the heading “A summons” sections 70 to 81 appear under the heading “B-warrant of arrest” sections 82 to 86 appear under the heading “C-Proclamation and attachment” sections 87 to 90 appear u














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