section 65 of Cr.P.C.
ashish Kumar Pandey
(Querist) 04 April 2010
This query is : Resolved
in my cases which was filed under sec 138 of N.I. Act in Delhi Magistrate issued summons against the accused and this one is returned unserved with due reason " accused left that address". after this report "I had filed an application under sec 65 of Cr.P.C. but the learned M.M. returned this application saying that " if the accused left that address then this substituted service also have no effect"
and issued order to file fresh address of accused. Now the complainant has no fresh address. what will our next step at this stage
Adv.Shine Thomas
(Expert) 09 April 2010
It is the duty of the court to issue warrant u/s 72 CrPC.U\s 82 CrPC if the warrent cannot be exicuted,such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than 30 days from the date of publishing such proclamation.