MUNNI DEVI Vs. STATE

JUDGEMENT

(1.) THIS petition under section 482 of the Code of Criminal Procedure is directed against orders dated 3-7-1980 and 23-9-1980 passed by the courts below.

(2.) THESE proceedings arose under following circumstances : It appears that proceedings under Section 133 of the Code of Criminal Procedure were initiated against petitioner on an application of opposite party no. 2, namely, Sri Ramji Saran Saxena in the competent court which were eventually transferred to learned Additional Magistrate, Bareilly. A conditional order was drawn by learned Additional Magistrate which was served on petitioner through one Hari Sumaran Lal who happens to be the younger brother of her husband. The conditional order was made absolute on 23-9-1980. Petitioner carried the matter in revision (Criminal Revision No. 249 of 1978 which was disposed of by Sri Kamal Kishore, learned VIII Additional District and Sessions Judge, Bareilly on 3-7-1980. The revision was dismissed and it was held that service on Hari Sumaran Lal constituted an effective service on Smt. Munni Devi.

(3.) OBVIOUSLY, an order under Section 133 of the Code of Criminal Procedure has to be served on the person against whom it operates. The mode of service of the order has been laid under Section 134 of the Code which reads as below :