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Ziaul Haque Ansari (Advocate)     29 July 2009

Section 125 Cr.P.C.

I filed a misc case under section 1258 Cr.P.C. and accordingly snet the Notice to the opposite party, through Registered post.

On the next date fixed the said sealed envelop came back to the court with an endursement "LEFT"

Subsequently a fresh notice was sent to the opposite party (again through post and on the same address) and this time on the next date fixed it was found that the envelop is tagged with the case record and the postal peopn has written the remarks "Absent,  Intimated, deposited for 7 days"    Later it was also writte. "Not Claimed" (Not claimed was written after 7 days from the date of 1st endorsement).

In this circumstances i pleaded before the Ld. Magistrate to fix the case for exparte hearing.

BUT the Ld. Magistrate refused to fix up the case for exparte, rather he says that there is no provision of sending the notice through registered post. So irrespective of what is the postal remarks he is not going to fix the case for exparte hearing.

Ld. Magistrate says that section 62 Cr.P.C. does not provide for the service of notice through registered post.

Now comming to my point, Section 62 Cr.P.C., provides for "service of summons" and not NOTICE.

Please help me with relevent Law and refernce on this point that can the notice be sent through Regd. Post in a proceeding u/s 125 Cr.P.C.



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 6 Replies

Ziaul Haque Ansari (Advocate)     29 July 2009

I filed a misc case under section 125 Cr.P.C. and accordingly sent the Notice to the opposite party, through Registered post.

 

On the next date fixed the said sealed envelop came back to the court with an endursement "LEFT"

 

Subsequently a fresh notice was sent to the opposite party (again through post and on the same address) and this time on the next date fixed it was found that the envelop is tagged with the case record and the postal peon has written the remarks "Absent,  Intimated, deposited for 7 days"    Later it was also writte. "Not Claimed" (Not claimed was written after 7 days from the date of 1st endorsement).

 

In this circumstances i pleaded before the Ld. Magistrate to fix the case for exparte hearing.

 

BUT the Ld. Magistrate refused to fix up the case for exparte, rather he says that there is no provision of sending the notice through registered post. So irrespective of what is the postal remarks he is not going to fix the case for exparte hearing.

 

Ld. Magistrate says that section 62 Cr.P.C. does not provide for the service of notice through registered post.

 

Now comming to my point, Section 62 Cr.P.C., provides for "service of summons" and not NOTICE.

 

Please help me with relevent Law and refernce on this point that can the notice be sent through Regd. Post in a proceeding u/s 125 Cr.P.C.

Kiran Kumar (Lawyer)     29 July 2009

pls refer to

1992 Cr.L.J 1594 (AP)

this reporter is by AIR so u may find the same in AIR also.

i think will suit to ur case.

Deekshitulu.V.S.R (B.Sc, B.L)     30 July 2009

There is no proviision under Sec. 62 to send the summons by Regd Post. Hence the Magistrate is right. Coming to the decision supplied by Mr Kiran, the same is the effect and you have to thnak him a lot for such an advise.

 

bye

Sandeep (Business)     31 July 2009

Can you please elaborate on this Mr Kiran Kumar. I shall be thankful.

Ziaul Haque Ansari (Advocate)     01 August 2009

Thanks sir.

LAV PRAJAPATI (STENO)     12 December 2012

sir, kindly anybody can tell me about the 125 cr. pc........................... My wife has filed a case under section 125 cr. pc with false elligations on dated 21.11.12 but i have already filed a case under section 9 to get her back at District Court on 29.08.12. i want get her back to my home but she and her parent refused to do so. I went many time to get her and my father also went for many times.  she is demanding me to get a house at New Delhi or her hometown. For the same she harrassed me by 498a 503, 523 etc etc. however, 498 is not in action. this was dissposed of on 16.06.12. But now she has filed under section 125 for making money and refusing to come back my home. she is also pregnant (about 6 month pregnancy). She has joined the school at her hometown and earning 6000 thousand per month but for getting my money she quit her job. she is MA Bed. I have many responsibility. I never refuse for her demand. but her demand to get a house at her hometown or Delhi and not to come back my home is out of my condition.

 

therefore, it is requested to all of you kindly give me suggestion that how can i get her back my home and how can i stop her for maintenance under section 125.

 

Please Please help me.


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