VADLA BALAIAH Vs. K RAGHAVENDER REDDY
HIGH COURT OF ANDHRA PRADESH
K. RAGHAVENDER REDDY
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(1.)The interesting point that arises in this revision petition is whether paper publication can be issued when it is brought to the notice of the Court that in spite of sending notices either by registered post or acknowledgement due service could not be effected.
(2.)Sri Ella Reddy, learned counsel for the petitioner submits that there is no procedure prescribed either under the Criminal Procedure Code or Criminal Rules of Practice with regard to publication of notices in newspaper.
(3.)On 27-8-1990 my learned brother Bhaskar Rao, J. passed following order :
"The petitioner's counsel is permitted to send the notices by registered post with acknowledgement due Post after two weeks".
That order not having been complied with, the matter was posted before my learned brother N. D. Patnaik, J. on 9-4-91, who directed thus :
"The learned counsel for the petitioner represents that though he sent notice by registered post, he is not having the acknowledgement with him now. The petitioner is directed to take notice to the respondents both through Court and also by registered post Ack. due within two weeks".
Again, on a petition filed by the revision petitioner, Crl. Misc. Petition No. 2688 of 1989 on 31-10-1991, I directed as follows :- "There shall be direction to publish in "Andhra Bhoomi" daily on or before 29-11-1991". My learned brother D. J. Jagannadha Raju, J., before whom the matter was posted again for non-compliances on 20-12-1991, ordered thus :-
"Post the matter on 30-12-1991 for arguments regarding the question whether service of notice by publication is valid as per the Code of Criminal Procedure and Criminal Rules of Practice".
When that order too was not complied with, the matter came up for the fifth time on 27-1-1992 before my learned brother Eawara, Prasad, J., who made an order on the following lines :
"Notice was issued to the respondents I and 2 serveral times, but notices were returned unserved. In such circumstances, there shall be a direction to the Superintendent of Police, Medak District at Sangareddy to get the notices issued by this Court served on the respondents through Police. Post after service".
Finally, the matter has again come up before me today, i.e., 6-3-1992, the above said order not having been complied with.
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