1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.65 OF 2001 M.C.Mohammed Kunhi Petitioner versus The State of Maharashtra and another Respondents None for the petitioner. S.V.Gajre, APP for State. CORAM : A.S.OKA, J. DATE : 24th June 2009 PC :- 1. On 20th August 2008 this Court issued fresh notice to the second respondent. The petitioner was directed to serve private notice in addition to notice through Court. A perusal of the record shows that the notice issued through the Court is not returned. The petitioner has filed an affidavit of service. The affidavit of service records that the private notice was sent by courier to the advocate for respondent no.2 and the advocate for respondent no.2 has received the notice. It is stated that another copy of the notice was sent to the advocate for the second respondent by under certificate of posting. 2. On the record of this writ petition, the second respondent is not 2 represented by any advocate. By order dated 20th August 2008 private notice was ordered to be served on the second respondent and affidavit of service was directed to be filed. The affidavit of service tendered by the petitioner on 24th September 2008 cannot be treated as an affidavit of service of notice to the second respondent. Hence, there is non compliance with the conditional order passed on 20th August 2008. Hence the petition stands dismissed for non prosecution. (A.S.OKA, J.)