Research › Browse › Judgment

Rajasthan High Court · body

1999 DIGILAW 140 (RAJ)

Public Action Group, B-12, Choumu House, Jaipur v. State of Rajasthan

1999-02-05

P.K.TEWARI

body1999
Honble TEWARI, J.–This petition has been filed u/S. 482 Cr. P.C. against the order passed by the Additional District & Sessions Judge, No.1, Jaipur City dated 19.8.1998 whereby the learned Additional Sessions Judge has refused to consider the speed post service of Post & Telegraph Department as registered post service. (2). I have heard the learned counsel and learned Public Prosecutor. (3). The short question involved in this petition is whether summons sent by the petitioner through ``speed post service of the Indian Post and Telegraph Department instead of ``registered post can be regarded as sufficient compliance of the provision contained in Sec.63 of Cr.P.C. (4). Learned counsel submits that a revision petition was filed by the petitioner against the non-petitioner Director General, Doordarshan and others in the Court of Additional Sessions Judge No.1, Jaipur City. The Court ordered that summons be sent for service on the respondent No.3 i.e. Director General Doordarshan by ordinary process and by registered post. In compliance thereof the summons were sent by the petitioner through ``speed post service of the Indian Post and Telegraph Department through the Head Post Office, Jawahar Nagar, Jaipur vide receipt No.129 dated 7.8.1989. An amount of Rs.30/- was paid for the postage and an amount of Rs.10/- was paid for the purpose of proof of delivery which was to come back through ordinary post. A certified copy of the receipt was filed in the Court but the learned Additional District Judge has refused to consider the speed post service as registered post service on the ground that the complainant was ordered to send the summons by registered A.D. post but the same has been sent by the speed post service. The order passed by the Additional Sessions Judge is erroneous because the learned Additional Sessions Judge never ordered that summons be sent by registered A.D. Post. He has also failed to appreciate that the letter sent by the speed post was also regarded as registered status. Moreover, Sec.63 Cr.P.C. provides only the ``registered post and not registered A.D. post. Therefore, insisting for issue of summons only by registered A.D. post would amount to misuse of pro- cess of Court. The Director General, Doordarshan is an office under the Prasar Bharti Board, which is a body Corporate in its status. Moreover, Sec.63 Cr.P.C. provides only the ``registered post and not registered A.D. post. Therefore, insisting for issue of summons only by registered A.D. post would amount to misuse of pro- cess of Court. The Director General, Doordarshan is an office under the Prasar Bharti Board, which is a body Corporate in its status. Hence, there was no legal requirement of sending the summons by ``registered with A/D and wait for the receipt of A/D card, which comes in ordinary unregistered course and may not even received back. In the present case, summons were sent on 7.8.1998 by speed-post and the complainant made enquiry with the Customer Care Centre of Post & Telegraph Department located at G.P.O. Jaipur who have confirmed that such speed post bearing No.129 dated 7.9.1998 has already been delivered to the addressee on 10.8.1998, therefore, it was confirmed that the summons were delivered to the respondent No.3 before 19.8.1998. As such, the order dated 19.8.1998 passed by the Additional District Judge holding that summons be sent again by registered post be set aside. (5). I have considered the arguments advanced by the learned counsel. Section 63 of Cr.P.C. runs as under :- ``Service of a summons on a Corporation may be effected by serving it on the Secretary, Local Manager or other Principal Officer of the Corporation, or by letter sent by registered post, addressed to the Chief Officer of the Corporation in India, in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post. (6). Therefore, service of summons on a Corporation may be effected by letter sent by registered post. It is not disputed that the Post and Telegraph Department introduced ``Speed-Post service recently with the assurance that in all eventualities letter will be delivered to the addressee within 24 to 36 hours. Post and Telegraph Department is charging heavy charges for speed post. The meaning of Registered Letter in Oxford Dictionary is given as follows :- ``Entrust it to post office for transmission as registered post with special precaution for safety and for compensation in case of loss. (7). The petitioner has filed the photo copy of the receipt (No. 129 dated 7.8.1998) issued by the Head Post Office also shows the mark of registration ``Reg. in its common seal. (7). The petitioner has filed the photo copy of the receipt (No. 129 dated 7.8.1998) issued by the Head Post Office also shows the mark of registration ``Reg. in its common seal. Therefore, I am of the view that the summons sent by speed post service is the sufficient compliance of the provision contained in Sec. 63 of Cr.P.C. Learned Additional Sessions Judge never ordered that summons be sent through registered A.D. Moreover, it is also not provided in Sec. 63 Cr. P.C. that summons be sent through registered A.D. As such, the order passed by the learned Additional Sessions Judge dated 19.8.1998 is set aside and it is held that the summons were delivered in the office of Director, Doordarshan by speed post service. Hence, service is complete and he is directed to proceed with the case according to law.