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Allahabad High Court

MUNSHI HASHMIversusSTATE OF U.P. AND ANOTHER

Decided

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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