Sec.64 & 65 deals with service of summons. According to Sec.64 Cr.P.C., if the Accused is residing in a house and if at the time of service if the accused is not found in the house, the serving officer may serve the summons on adult male member of the family. If there is no such adult male person, the serving officer shall affix one of the duplicate of the summons at the conspicuous part of the house. But according to you in the given situation in the house only his mother and brother resides, but not the accused. In the above situation, the summons/notices are to be sent to the last known address of the accused persons. If the summons are returned unserved or that accused is avoiding service of summons/notices intentionally, the complainant may ask the court to issue Non Bailable Warrants u/s 70 Cr.P.C. When the N.B.Ws are not executed for a considerable period and present where abouts of the accused are not known, the complainant is at liberty to ask the court for issuance of summons by substituted service by publication in the news papers as provided u/s 82 Cr.P.C..requiring him to be present in the court on a specified date. Inspite of the paper publication, if the court is satisfied that the accused is not present on the date given, the complainant may seek the court u/s 83 Cr.P.C. to attach the property of the accused absconding. But, however the trial cannot be proceeded with as long as the accused is brought before the court. Summons can be served to any adult male member who is residing in the house along with the accused. When the accused is not residing in the house where the summons were served, it is not a proper service. The accused after coming to know about the issuance of N.B.Ws if any, can ask the court to recall N.B.Ws evidencing before the court that he is not residing in the house where the summons were served and on the other hand he is living elsewhere.
Under the Code of Criminal Procedure, exparte trial is not contemplated.