Gujarat High Court
State Of Gujarat vs Himatbhai Rambhai Vaghasia on 8 July, 2013
Author: Abhilasha Kumari
Bench: Abhilasha Kumari
STATE OF GUJARAT....Appellant(s)V/SHIMATBHAI RAMBHAI VAGHASIA R/CR.A/906/1996 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL APPEAL NO. 906 of 1996 ================================================================ STATE OF GUJARAT....Appellant(s) Versus HIMATBHAI RAMBHAI VAGHASIA & 1....Opponent(s)/Respondent(s) ================================================================ Appearance: PUBLIC PROSECUTOR for the Appellant(s) No. 1 ABATED for the Opponent(s)/Respondent(s) No. 2 RULE UNSERVED for the Opponent(s)/Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE SMT. JUSTICE ABHILASHA KUMARI Date : 08/07/2013 ORAL ORDER
Though the endorsement on the Board indicates that the notice of Rule issued to respondent No.1 has not been received back, either served or unserved, the record reveals that the notice has been served upon the son of respondent No.1, named Bhavesh Himmatbhai Vaghasia, aged about 26 years, who is present in the Court, today. He has also produced his driving licence to establish his identity which has been perused and returned to him. Further, he has appended his signature on the notice issued by the Court. He states that respondent No.1 Himmatbhai Rambhai Vaghasia, his father, has left the house and his whereabouts are not known.
The service of summons upon respondent No.1 is deemed to be complete in view of the provisions of Section 64 of the Code of Criminal Procedure, 1973, as the appellant- State of Gujarat has, after exercise of due diligence, served the summons on the son of respondent No.1.
The appeal may be listed for final hearing on 09.07.2013.
(SMT. ABHILASHA KUMARI, J.) piyush Page 2 of 2