THANA RAM Vs. JAGAT SINGH

JUDGEMENT

(1.) The petitioner filed a cornplaint against the respondents in the court of the Magistrate 1st Class, Delhi, for an offence under section 408 1. P. C. Summons were issued to all the respondents, but two of the respondents, namely, Jagat Singh and Raj Pal, were served and they appeared in court on 27th December, 1967. The other respondents were not served. As the other respondents were reaiding outside the jurisdiction of the court, the learned Magistrate passed an order directing that the complainant should serve Dasti summons on these respondents for 27th January, 1968. The petitioner was not willing to serve the summons Dasti on the respondents and, therefore, filed a revision petition in the Court of Session against the order of the Magistrate directing him to serve summons Dasti on the unserved respondents. The Additional Sessions Judge, however, dismissed the revision petition on the ground that the Magistrate was competent to direct the co mplelant to serve Dasti summons on the unserved respondents. The petitioner, therefore, filed the present revision petition against the said order of the learned Additional Sessions Judge.

(2.) Section 73 Cr P.C. prescribes the method of service of summons outside the local limits of the jurisdiction of the Court. It reads as follows '-

(3.) Chapter VI of the Code prescribes the procedure, inter alia, for the service of sunimors. Section 68 Cr P. C. reads as follows :-