JUDGEMENT
BANWARI LAL SHARMA, J. -
(1.) The notice of respondent No. 4 and 5 received with the follow in report -
...[VERNACULAR TEXT OMITTED]...
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:-
...[VERNACULAR TEXT OMITTED]...
(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 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.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.