:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 252 OF 2006 CRIMINAL APPLICATION NO. 252 OF 2006 CRIMINAL APPLICATION NO. 252 OF 2006 IN IN IN CRIMINAL APPEAL NO. 1318 OF 2002 CRIMINAL APPEAL NO. 1318 OF 2002 CRIMINAL APPEAL NO. 1318 OF 2002 Union of India ..Applicant versus Lalchand U. Bhansali & Anr. ..Respondents Mr. D. N. Salvi for the Applicant. Mr. S. S. Tatkare, APP for the Respondent No.2 - State. CORAM : R. S.MOHITE, J. CORAM : R. S.MOHITE, J. CORAM : R. S.MOHITE, J. DATE : 9TH MARCH, 2006 DATE : 9TH MARCH, 2006 DATE : 9TH MARCH, 2006 P.C. : P.C. : P.C. : 1. Heard. 2. This is an application for dismissal of the appeal with liberty to file fresh appeal. It is seen that the appeal was admitted and action under Section 390 has been directed to be taken. The respondent is now unavailable. The address of the respondent is permanent address at the native place viz. at Jalor, Rajasthan. When the officers of the applicant had gone there, they found the father of :2: the respondent was present and he guided the Officers to the address of a shop in Mumbai. At the shop the respondent is not found. 3. In my view, the matter can be proceeded with by availing the procedure under Section 65 by affixing the summons at the permanent address of the respondent. Therefore, this application is rejected and liberty to the Applicant to file an application for serving the respondent by affixing the summons under Section 65 at his permanent address. 4. Application disposed of. (R. S. MOHITE, J.)