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.