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Vishal Kumar Singh & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 8 of 2007 [2007] RD-AH 13257 (31 July 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Criminal Misc. Writ Petition No. 8 of 2007

31.07.2007 Hon'ble Sushil Harkauli, J.

Hon'ble K.N. Ojha, J.

The office note on the order sheet dated 14.2.2006 mentions that notice by R.P.A.D., was issued to O.P. No. 4 fixing 28.2.2007.

However, this note of the office does not indicate when the registered notice was actually despatched. The date of despatch is very important because if at the end of 30 days from that date, undelivered registered cover is not received back, the Court may draw an inference or presumption of service.

More importantly, after that note of the office, there is no service report. We would like to call the attention of the Registrar General to the following order, which we had passed on 12.3.2007 in Criminal Misc. Writ Petition No. 282 of 2007.

"In this case so far neither counter affidavit has been filed nor appearance has been put in from the side of respondent no. 4. The interim order dated 11-01-2007 as extended by order dated 1-3-2007 will continue till the next date of listing. List after one month with a proper office report.

At this point we may point out that the office report dated 2.3.2007 given on the order-sheet a total lack of knowledge on part of the person who has given that report. He seems to have no idea whatsoever of the kind of report that is required to be given. The office report merely says that counsel has taken steps for service of notice on O.P. No. 4. The report does not say whether after steps were taken (i) notice was actually ever issued to opposite party no. 4 by the office and, if so, (ii) on what date and by which mode (process) it was issued; (iii) what was the date mentioned/fixed in the notice, and (iv) whether the notice was received back with or without service. In case of notices sent by RPAD and not received back, this last report no. (iv) above must also mention whether search was conducted in the section of the High Court where post is received at the end of 30 days from the date of actual issue of notice, so that the presumption of service can be drawn.

It also appears that our last order dated 1-3-2007 was not carefully read by the office, otherwise the case should not have been listd today. The relevant part of that order dated 1-3-2007 reads "if  steps are taken, then the petition will be listed after return of notice."

It would be desirable to educate the Clerks in this section dealing with writ petitions of a criminal nature about various kind of reports which are required to be given in cases by the office and the facts which are required to be ascertained by the office and mentioned in the report."

The Registrar General will issue proper directions to the Clerks entrusted with giving of such report in the pending cases whether on the civil side or on the criminal side, enclosing a copy of this order so that inconvenience in other cases is avoided in future in all Benches.

The office to give a service report within a week. List thereafter.



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