The record shows that notice upon respondent no. 1 is not properly served, inasmuch as, it is served upon his mother stating that the respondent no. 1 is in Sabarmati Jail and, therefore, the notice is served upon his mother. Such fact is disclosed by the Police Officer of Sher-Kotda police station in letter dated 14.05.2010. If it is so, it would be appropriate for the police authority to confirm the service of notice upon the accused himself since he has to defend his case. The fact remains that nobody is present on behalf of respondent no. 1 and, therefore, let there be a fresh notice upon the respondent no. 1 through respondent no. 2-State which is to be served upon the respondent no. 1 through concerned jail authority.
Learned APP, Mr. K.L. Pandya wants some to verify the present status and to disclose correct position on record.
At his request, list after four weeks after confirmation of service upon the respondent no. 1.
(S.G.SHAH, J.) ak verma Page 2 of 2