FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2775 OF 2010 IN CRIMINAL WRIT PETITON NO.1030 OF 2009 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Mr.Manoj Shinde, holding for Mr.M.K. Goyanka, advocate for applicant. 1. Heard Mr.Manoj Shinde, learned counsel holding for Mr.M.K. Goyanka, learned counsel for applicant. 2. The applicant-petitioner has preferred present application requesting to serve summons upon respondent under Section 65 of the Code of Criminal Procedure by affixing copy of summons to some conspicuous part of house, where he resided lastly. 3. However, on perusal of the report forwarded by Police Personnel on 14 th January, 2010, it appears that respondent is not residing on the given address and on enquiry in nearby area in Ghodegaon village, his whereabouts are not known, and therefore, the notice of Writ Petition could not be served upon him. 4. In the light of aforesaid facts, the applicant-petitioner has to give fresh address of respondent. Moreover, even considering the contents of present application, applicant- petitioner has not stated in present application that respondent is residing on the same address. 5. Hence, in view of the aforesaid position, applicant- petitioner to give fresh address of respondent as directed in Criminal Writ Petition No.1030/2009 within a period of two weeks failing which the said Writ Petition shall stand dismissed without back reference to the Court, and if applicant-petitioner furnishes such address within stipulated period, notice be issued upon respondent, returnable within a period of four weeks thereafter. Stand over for six weeks. 6. In view of the aforesaid observations, present application stands disposed of. (SHRIHARI P. DAVARE), JUDGE. 26.07.2010 gas/cri2775.10