Allahabad High Court
MUNSHI HASHMIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SHEKHAR KUMAR YADAV
Holding
Notice served by affixing on the house of the opposite party is deemed sufficient.
Summary
The appellant, Munshi Hashmi, challenged the service of notice to the second opposite party in a criminal appeal. The State contended that the notice was affixed to the house of the opposite party on 27.01.2026, and a photocopy was produced in court. The court examined the police reports and the affixed notice, concluding that service by affixing on the house satisfied the requirements of notice. The appellant was granted two weeks to file a supplementary affidavit. The matter was subsequently listed for further hearing on 26.05.2026.
Issues considered
- Whether affixing a notice on the house of the opposite party constitutes sufficient service of notice under criminal procedure.
Subjects
- service of notice
- criminal procedure
- adjournment
- court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 980 of 2026
Munshi Hashmi
.....Appellant(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Appellant(s) : Pramod Kumar Sahani
Counsel for Respondent(s) : G.A.
Court No. - 75
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Umar Zamin, Advocate holding brief of Sri Pramod Kumar Sahani,
learned counsel for the appellant and Sri Bade Lal Bind, learned counsel for the State
and perused the record.
3. Vide orders dated 30.01.2026 and 15.04.2026 notice was issued to the opposite
party no. 2. As per the office report dated 02.05.2026 notice could not be served on
the opposite party no. 2 as the family members refused to accept the notice, however,
notice has been affixed at the house, the report flagged as flag 'X' has been placed on
record.
4. This Court has perused the same. The same is a report dated 18.02.2026 of the In-
charge C.J.M., Court No.17, Deoria / A.C.J.M., Court No. 19, Deoria to the said
effect. The report dated 18.02.2026 of Police Station- Barhaj, District Deoria to the
said effect is also on record. Notice has been pasted on the house of the opposite party
no. 2. Notice thus is deemed sufficient. Despite the same, neither the opposite party
no. 2 is present before the Court nor there is any representation on her behalf.
5. Learned counsel for the State submits that as per his instructions notice has been
served on the house of the opposite party no. 2 on 27.01.2026, the photocopy of the
same has been produced before the Court which is taken on record.
6. Learned counsel for the appellant prays for and is granted two weeks time to file
supplementary affidavit in the matter.
7. Let the matter be listed on 26.05.2026.
May 4, 2026
AS Rathore
(Samit Gopal,J.)
Digitally signed by :-
ABHISHEK SINGH RATHOR
High Court of Judicature at Allahabad
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