R. P. AWASTHY, J. ( 1 ) APPLICANTS by Shri SL. Kochar, State by Shri G. C. Jam. G. A. As the process issued by the Court being not served on the defence witnesses, they remained absent. The Trial Court ordered the accused to take the summons to be served on the said witnesses personally and then to serve the said witnesses. ( 2 ) THE ground for adopting this procedure as mentioned in the order, is that since the said defence witnesses were and presumably are serving in army canteen and therefore, they cannot be served with the process of the Court by the police. ( 3 ) THERE is no finding to the effect that the accused were deliberately trying to delay the disposal of the case by citing the said witnesses are not relevant for determination of real controversy in the case. ( 4 ) CONTENTION of Shri Kocher is that if police could not affect service of the process of the Court, the accused who are merely private individuals, could also have not effected the service of the said process. ( 5 ) THERE appears to be substances in the argument of the learned Counsel for the applicants. If it was not possible for the police to effect service on the relevant defence witnesses, a letter by registered post with acknowledgement due should have been sent to the immediately superior officer of the witnesses concerned requesting him to see that the process of the court is served on the said witnesses and that they should appear in the Court on the date fixed. If the Court was of the opinion that the said witnesses were not necessary for disposal of the case or have been cited merely for causing delay in the disposal of the trial, then it ought to have recorded a finding based on reasons to be mentioned in writing. ( 6 ) IN view of the said fact the present revision is allowed and it is directed that the Court shall make all endeavours to get the process issued by it served on the said witnesses either by police or through the immediate superior officer of the witnesses concerned. ( 7 ) A copy of this order sent to the Court concerned. ( 7 ) A copy of this order sent to the Court concerned. It finally disposes of the present petition and as such the stay of the proceedings granted by this Court stands automatically vacated. Revision allowed. .