HASSAN SHEIKH Vs. AB RASHID

JUDGEMENT

(1.) AN interesting question of law as to whether service of summons by a registered post letter on the person proceeded against under sections 488 Cr. P.C. is legally valid or not has been raised by Mr. Hali appearing for the petitioner in this case.

(2.) THE respondents to this petition, claiming to be the wife and children of the petitioner herein, filed an application under section 488 Cr. P. C. claiming maintenance. On 25th April, 1974, the learned trial magistrate directed the issuance of summons to the petitioner. The case was adjourned to 7th May, 1974. Summons were not received back by that date and the learned trial court directed the service of the petitioner by a registered post letter. On 11th of June, 1974, the court directed the case to be set exparte against the petitioner on the ground that he had refused to accept the registered post letter. After setting the case exparte, the respondents were given opportunity to establish their case and vide order dated 18th June, 1974, the court awarded maintenance at the rate of Rs. 120/ - P.M. in favour of the respondents. Aggrieved against the order, the petitioner filed a revision petition before the learned Sessions Judge, Anantnag. The revision petition was dismissed vide order dated 31st December, 1975. The petitioner thereafter filed the present revision petition in this court on 19 -2 -1976.

(3.) MR . Hali, learned counsel for the petitioner has argued that apart, from the fact that no service was in fact effected on the petitioner, the service of summons by registered post letter on the petitioner was not permitted by law, and as such, the learned trial court committed an error in law in directing the petitioner to be proceeded exparte.