Substitute Service of Summons and Ex Parte proceedings

Querist : Anonymous (Querist) 18 January 2011 This query is : Resolved
Dear Criminal Law Experts

Can there be substitute service of pasting summons to the last know address of the accused if the accused is absconding and not treaceable ?

By way of pasting service is summon considered effected to the accused and the court can proceed ex-parte hearing against the accused ?

Thanks !

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Chanchal Nag Chowdhury (Expert) 18 January 2011
Why waste time & energy?If the summons has returned unserved, a warrant will be issued through the local P.S.This will be followed by further penal consequences like attachment of property etc.

Querist : Anonymous (Querist) 18 January 2011
The warrant returned with the same report as "Left" unserved as the accused is absconding fron the last know address. The query is Will the court considered pasting summon at the last know address through substitute service as summons served and proceed with the case ex-parte against the accused Or Whether court cannot proceed ex-parte unless service done to the accused person ???

Rohtash Babu Patel (Expert) 18 January 2011
no such provision under penal law to proceed ex-parte,
permanent warrant of arrest would be issued

Amit Minocha (Expert) 18 January 2011
in criminal law there is no provision of ex- parte against the accused. Court would seek fresh address from you

Querist : Anonymous (Querist) 18 January 2011
Thanks. If that is the condition in criminal procedure what recourse available if the accused current address could not be traced and warrant cannot be served also? The case remain at the stage of service of summons due to the above said condition for the last 7 years. Is it more prudent to close the case for non effective of the service under such circumstances Or is there other option, recourse to proceed with the case ???

Parveen Kr. Aggarwal (Expert) 19 January 2011
Section 65 of the Code of Criminal Procedure, 1973:

"65. Procedure when service cannot be effected as before provided:- If service cannot by the exercise of due diligence be effected as provided in section 62, section 63 or section 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides, and thereupon the court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper."

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