JUDGMENT :

SURENDRA SINGH-I, J.

1. Heard Sri Akash Mishra, holding brief of Sri Murlidhar Misra, learned counsel for the petitioner and Sri Ratan Singh, learned A.G.A. for the State of U.P.

2. Vide order dated 25.04.2019, learned counsel for the petitioner was permitted to implead Man Singh S/o Jardan Singh. Pursuant to the aforesaid order, Man Singh was impleaded as respondent no. 5 and notice was issued against him.

3. Vide order dated 16.03.2023, the Court held about the service of notice on respondent no. 5 as follows:

“We find that notices were issued to the respondent no. 5-Man Singh vide order dated 25.04.2019 and as per office report dated 01.05.2019 notices were issued to him by registered post A.D. fixing 20.05.2019. As per office reports dated 18.05.2019 and 24.07.2019 neither acknowledgement nor undelivered cover has been received back. Till date no one has put in appearance on behalf of the respondent no. 5.

Accordingly, service upon respondent no. 5 is deemed to be sufficient.”

4. This writ petition has been filed by the petitioner, Sanjay Verma who was fatally injured in the related Sessions Trial No. 41/2007 in which convict respondent no. 5, Man Singh’s sentence was remit