Section 494 of IPC

Querist : Anonymous (Querist) 03 January 2011 This query is : Resolved
In a private complaint U/Sec. 494 of IPC, can a complainant asks the court U/Sec. 70 of Cr.P.C to issue NBW against the(alleged second wife of A1)?, who is not yet served with any notice or summons of the Court( Remains un-served). The plea of the complainant is 2 1/2 Yrs period elopsed and 3 times the summons were issued evaded ! 1. Under RPAD (returned unserved), 2. Thorugh Bailiff of the Court (Accused/Addressee not present on that time i.e un-served) and finally 3. Through an Advocate-Commissoiner (Same repeats i.e Accused not resinding in the said address, un-served. The Complainant filed a petition as above said as to issued NBW through its Court under its Territorial Jurisdiction.
My question is without serving the Notice or Summons on the Accused can a Complainant asks NBW's under Section 70 of Cr.P.C is that petition is maintenable ?

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SAANJAAY GUPTAA (Expert) 03 January 2011
yes petition is maintanable as all the three times summons issued but due to somehow the summonee avoided its service, now as you have knowledge about the same but you voluntrary avoided so you intentionally do it, the petition should be entertained.