Quash petition
K K S V SOMESWAR
(Querist) 01 May 2022
This query is : Resolved
A filed a complaint against B and criminal case under Sec 507 chargesheet was filed in court against B. Since there is no proper evidence and nothing was seized from B, B filed a quash petition in High Court. High Court ordered for issue of notice to A why this is not admitted and allowed B not to attend trial in criminal court except on mandatory calls. As such notice was issued by B's advocate to A by registered post with acknowledgement due. The notice was returned since door locked to the flat of A. High Court gave next date as 17.6.22 and the trial in criminal court starts on 28.10.22. Will the High Court allows quash petition though notice is returned as door locked ?
Dr J C Vashista
(Expert) 02 May 2022
No, it is not proper service and the respondent has to sent again to be served.
