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Karnataka High Court · body

2009 DIGILAW 1027 (KAR)

R. K. SURENDRA BABU v. SYED ATAULLAH

2009-12-18

JAWAD RAHIM

body2009
ORDER Heard the learned Counsel for revision petitioner. 2. The learned Counsel Mr. Razvi, submits that in normal course notice could to be served on the respondent at the premises where he was doing business. As the building at the last known address has since been demolished and no further details are available, he seeks permission to take out paper publication. 3. The question is whether paper publication could be ordered as a substituted service as provided under Section 65 of the Criminal Procedure Code, 1973. The provisions of Section 65 of the Cr. P.C. postulates that 'if service cannot by the exercise of due diligence be effected as provided in Section 62, Section 63 or Section 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper'. 4. From the said provision, it is seen that the other mode prescribed is to fix the copy on the home or homestead where respondent was known to reside in normal course and that will be the procedure, but last sentence of the provision makes it clear that Court may either declare that the summons has been duly served or order fresh service in such manner as it considers proper. Therefore, the words 'in such manner' has to be considered as permitting the Court to pass order for alternative course of service like by paper publication on the respondent. 5. On that basis the Misc. Cri. No. 5338 of 2009 is allowed. Petitioner is permitted to take out paper publication to serve the respondent.