PRASANNA JYOTI BORTHAKUR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H. Rahman, the learned counsel appearing on behalf of the Petitioner and Mrs. S. Baruah, the learned counsel appearing on behalf of the Respondent Nos. 1, 2 and 4.

(2.) This Court vide an order dtd. 28/4/2023 had issued notice making it returnable today i.e. on 2/6/2023. This Court further directed that the service upon the Respondent No.3 be affected by way of Registered Post with A/D as well as through usual process. This Court further granted the liberty to the Petitioner to effect service upon the Respondent No.3 by way of dasti routed through the Registry of this Court and file an affidavit of service on or before the next date.

(3.) It appears from the Office Notes that the notice by Registered Post was issued on 4/5/2023. It further appears from the Track Consignments that the said notice was duly delivered upon the Respondent No.3 on 15/5/2023 and in that regard, there is an order of Lawazima Court that the service upon the Respondent No.3 was duly affected by way of Registered Post on 15/5/2023. Apart from the above, it is also apparent that the Petitioner also took steps by way of dasti and served notice on 8/5/2023 which is evident from the endorsement so made in Annexure-14 of the Affidavit of Service. The same is further proved by the affidavit so filed by the Petitioner on 16/5/2023 that the service was duly affected upon the Respondent No.3. However the Respondent No.3 has chosen not to appear before this Court today.