- (1.) Heard finally Mr. S.S. Khanduja, learned counsel appearing for the appellant and Mr. Samar Vijay Singh, learned counsel appearing for the State.
(2.) The main question agitated in the appeal is that the appellant was not served of notice of the appeal in the High Court while reversing the judgment of the acquittal passed by the trial court. Various order sheets have been reproduced by the appellant in the memo of appeal. Following averments have been made in the appeal. "In fact, this Hon'ble Court issued notice of motion regarding grant of leave to appeal to the respondents on 17.09.2009 for 01.12.2009. In compliance of the same, the process server submitted its report dated 19.10.2009 stating therein that : Sir, On enquiring about Surinder Pahalwan in Nehru Garden Colony, Kaithal for effecting service upon him, I came to know orally through someone that he is confined in Karnal Jail. No one has deposited as witness at the spot. Report is submitted. Sd/- Bhupender19.10.2009 Further, in order to comply with the orders passed by the Hon'ble Punjab and Haryana High Court, it was attempted to effect the service upon the petitioner at Distt. Jail, Karnal and a following report was submitted by the Process Server:- Sir, On visiting office of Distt. Jail, Karnal on enquiring about Surinder Pahalwan s/o Dalip Singh for effecting service upon him. On the spot, the official of Distt. Jail, Karnal informed that he has been released on 11.06.2009 from Distt. Jail, Karnal. Statement was obtained. Sd/-28.10.2009 Since, the service could be even effected upon the petitioner at Distt. Jail, Karnal, the summons were again directed to the office of Ld. Distt. Sessions Judge, Kaithal. Again on 11.11.2009, the process server attempted to serve upon the petitioner and submitted his following report:- Sir, On visiting Nehru Garden Colony, Kaithal for enquiring about Surinder Pahalwan s/o Dalip Singh for effecting service upon him. I came to know that he is residing along with his family. He deposited on the spot that I have disowned him and do know about his whereabouts. Statement recorded. Report is submitted. Sd/- Ram Phal11.11.2009Process Server. The aforesaid reports were submitted before the Hon'ble High Court of Punjab and Haryana and on perusal of the same, the Hon'ble High Court on 01.12.2009 passed the following order:- "As per office report, notice issued to respondent No. 2 has been received with a report that he is residing at the given address, whereas notice issued to respondent No. 12 has been received back with a report that he is lodged in the Jail. Learned counsel for the petitioner is directed to furnish correct address of respondent No. 2 and thereafter fresh notice be issued to respondent No. 2. Respondent No. 12 be served through concerned Superintendent Jail. Learned counsel for respondents No. 1 and 3 to 11 pray for time to file their reply. May do so before the next date of hearing. Adjourned to 20.01.2010. JUDGEMENT_142_LAWS(SC)7_2018_1.html
(3.) Learned counsel for the State was unable to controvert the aforesaid position.;