1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR APPW No. 176/2010 In Criminal Writ Petition No. 273/2009 [Jaishri Vijay Vaidya & Another Vs. Vijay Dnyaneshwar Vaidya] ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Shri Nilesh Gaidhani, Advocate for applicant. CORAM : R.G. KETKAR, J. DATED : NOVEMBER 23, 2010. Heard Shri Gaidhani, learned counsel for the applicant. Leave to amend. Amendment to be carried out during the course of the day. By this application, applicants are praying for effecting service upon the respondent by affixing notice to some conspicuous part of the house of the respondent. It is the case of the applicants that the respondent is deliberately avoiding the service. Even RPAD notice was issued to the respondent, the same returned with an endorsement that the addressee is not residing on the given address. It is further averred that respondent has not shifted his residence and is residing on the same address mentioned in the cause title of the petition. It is in these circumstances prayer is made to serve the respondent as per Section 65 of the Criminal Procedure 2 Code. After hearing the learned counsel appearing for the applicant and after going through application, I am satisfied that the respondent is avoiding the service and applicants have made out the case for effecting service of notice upon respondent in terms of Section 65 of Criminal Procedure Code. Hence issue notice to the respondent returnable on 16th December 2010. Serving official shall affix the summons in terms of Section 65 of the Criminal Procedure Code and shall submit compliance report before the next date of hearing. S. O. to 16/12/2010. Application disposed of. JUDGE svk