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2016 DIGILAW 708 (RAJ)

Sonu Bajaj v. State of Rajasthan

2016-05-18

BANWARI LAL SHARMA

body2016
JUDGMENT : Banwari Lal Sharma, J. The notice of respondent No. 4 and 5 received with the follow in report:- ,d dkaih izkIr fd;k] Signature illegible. Jheku th lEeu dh ,d dkaih nh x;hA lEeu ckn rkehy lsok esa is'k gSA Signature illegible iqfyl Fkkuk dkukSrk Jhekuth] dkfu] dh fjiksVZ dk eqvkotk Qjekosa] Signature illegible ,l,pvks iqfyl Fkkuk dkukSrk] t;iqj iwoZ From the perusal of aforesaid report of Process Server behind the notice and endorsement of concerned SHO, it is difficult to understand that who is the Process server who received the notice and what is the name of SHO who made the endorsement, on the notice. In this regard vide orders, dated 11.05.2016 and 16.5.2016. Learned Counsel for petitioner and Learned Public Prosecutor were asked to apprise this Court regarding the rules pertaining to report of process server on the notices issued by this Court in Criminal matters and endorsement of the SHO or any superior officer who forwards the same to the Court. 2. Learned Public Prosecutor Ms. Meenakshi Pareek submits that the Rajasthan Disciplinary Proceedings (Summoning of witnesses and Production of Documents) Act is there in this regard and provisions of Section 5 (VII) (VIII) of the said Act of 1959 are relevant for this purpose which reads as under- 7- lkekU; fu;e flfoy 1952 ds v/;k; 3 esa vUrfoZ"V izko/kku] tgka rd gks xokgksa rFkk nLrkostksa dks leu djus ds fy, ykxw gksaxs] tc leu flikgh] ukS&lSfud ,;jeSu ;k yksd lsod dks tkjh fd;s tkus gksA 8- lHkh izfdz;k,a ml {ks=] tgka xokg fuokl djrk gS ;k ftldh vfHkj{kk ds nLrkost izLrqr fd;k tkuk gks] ij {ks=kf/kdkj j[ks tkus okys ftyk ,oa l= U;k;k/kh'k ds U;k;ky; dks rkehy ds fy, Hksth tk;sxhA 3. She submits that in General Rules Criminal or High Court Rules there is no proforma regarding report on notice served by process server. Rule 316 Rajasthan High Court Rules 1952 is their in which provision for issuance of notices is their only but regarding report of process server there is no such proforma. She submits that in General Rules Criminal or High Court Rules there is no proforma regarding report on notice served by process server. Rule 316 Rajasthan High Court Rules 1952 is their in which provision for issuance of notices is their only but regarding report of process server there is no such proforma. She submits that proforma can be taken from Code of Civil Procedure and in this regard direction may be issued to Director General of Police so that in future the report of process server and endorsement of Superior Officer may be clear and uniform so that Court may take notice that what is the name of Process Server and name of Endorsing Officer and the notice may be served properly and effectively. 4. Learned Counsel for Petitioner Mr. Gajendra Singh Rathore also supported the aforesaid submissions. 5. Since there is no prescribed proforma regarding report of Process Server in Criminal matters, therefore it is necessary to issue appropriate direction to concerned authorities so that service may be effected properly and proper reports of Process Servers may be received by the Courts in time to save the time of Court. Therefore arguments of Learned Public Prosecutor looks appropriate that in this regard with required amendments the Proforma No. 11 of Appendix B of Civil Procedure Code as prescribed under Order 5, Rule 18 may be adopted. 6. Therefore, Director General of Police, Rajasthan, Jaipur and Director Prosecution, Rajasthan, Jaipur are directed to issue necessary circular to all concerned that in future notices issued in Criminal Proceeding by any Court for Server on the back of said notice should be clear on oath and name of Process Server and the endorsing/forwarding authority should be visible, the name, fathers name, address of the person who received notice should also be clear and in full to whom the notice was given, if notice is given to person other than addressy then relation & age of that person be also mentioned. These all should be in the Proforma No. 11 Appendix B prescribed under Order 5, Rule 18 Code of Civil Procedure with required appropriate amendments. 7. Fresh notice be issued for respondent no. 4 and 5. Rule is made returnable on or before 27.07.2016. List again on 27.07.2016. Copy of order be given to learned PP for compliance.