1 wp-386-10.sxw dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 386 OF 2010 Mr. Ajaykumar Ramlal Khanna .... Petitioner vs The State of Maharashtra .... Respondent Mrs. Sartaj Shaikh for the petitioner. Mr. A. S. Gadkari, APP for the State. CORAM: B.H. MARLAPALLE & ANOOP V. MOHTA, JJ. DATE : 10th August, 2010 P.C.: This petition has been filed for a limited relief. The petitioner’s complaint has resulted into criminal case no.2706/P/1995 which number is presently changed to CC No.1992/PS/2005 for the offence punishable under Section 304A of IPC and respondent no.3 is the only accused. It is further submitted that after the incident leading to the medical treatment of the petitioner’s wife an FIR came to be registered on 25.05.1994 against respondent no.3 and he was arrested on the very same day, but released on bail of Rs.950/- by respondent no.2. On investigation, a charge-sheet came to be filed on 03.11.1995 before the learned Metropolitan Magistrate, 44th Court, Andheri, Mumbai and thereafter the case came to be transferred to 22nd Court of Metropolitan Magistrate, Andheri, Mumbai and re-registered as CC No.1992/PS/2005. Though the summons was issued against the accused on 03.11.1995, he has filed his written reply on 18.10.1996, 2 wp-386-10.sxw he did not appear before the Court and summons could not be served on him, because he has, in the meanwhile, migrated to USA and consequently, the case has been pending for the last 15 years without any further progress in the trial. 2 The learned counsel for the petitioner has placed on record a copy of the communication dated 11.02.2009 addressed by the Under Secretary to the Government of India to the Home Secretary of all States/Union Territories as well as Director General of Police of all States/Union Territories, laying down comprehensive guidelines regarding service of summons/Notices/Judicial process on persons residing abroad. All the State Governments have been requested to circulate these comprehensive guidelines amongst all the Courts/Investigating officers for their strict compliance. A copy of the guidelines is also on the record. 3 We direct the Director General of Police, Maharashtra State and the Commissioner of Police, Mumbai, to direct all the Police Stations to follow these guidelines or any amended guidelines for service of summons, court notice or judicial processes on persons residing abroad. We also direct respondent no.2- Senior Inspector of Police, Juhu Police Station, to submit an application before the trial Court for service of summons to respondent no.3 by following these guidelines within two weeks from today. 4 The petition is disposed in terms of above directions. 5 A copy of the writ to go to the 22nd Court of Metropolitan Magistrate at Andheri, Mumbai. (ANOOP V. MOHTA, J.) ( B. H. MARLAPALLE, J.)