Case Note & Summary
The petitioner, Suresh Kaluram Thorat, a retired Veterinary Officer, filed a Criminal Writ Petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (CrPC), challenging the judgment and order dated 3rd June 2023 passed by the learned Additional Sessions Judge, Shrigonda, in Criminal Revision Application No. 25 of 2022. That revision had confirmed the order dated 23rd October 2021 passed by the learned Judicial Magistrate First Class, Shrigonda, in Criminal Miscellaneous Application No. 23 of 2017, directing the petitioner to pay Rs. 6,000/- per month to his parents (Respondent Nos. 2 and 3) as maintenance under Section 125 CrPC from the date of filing of the application. The petitioner contended that he was never served with notice of the maintenance proceedings, as the notice was sent to his official address at Nimgaon Dawadi, Taluka Khed, District Pune, but he did not receive it. He claimed that the postal endorsement 'Refused' was false and that the courts below erred in presuming service. The respondents, the aged parents, argued that the petitioner had sufficient means and had neglected to maintain them. The High Court examined the record and found that the notice was sent by Registered Post Acknowledgment Due to the petitioner's official address, and the postal endorsement clearly stated 'Refused'. The Court held that refusal to accept a registered notice amounts to valid service under Section 27 of the General Clauses Act, 1897, and the petitioner cannot later claim that he was not served. The Court further noted that the petitioner had ample opportunity to participate in the proceedings but chose not to. On merits, the Court found that the parents, aged 88 and 78 years, were unable to maintain themselves, while the petitioner, a retired government officer, had the means to pay. The quantum of Rs. 6,000/- per month was considered reasonable. Consequently, the High Court dismissed the writ petition, upholding the maintenance order.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Service of Notice - Refusal to Accept - The petitioner challenged maintenance order on ground of no service of notice. The Court held that the postal endorsement 'Refused' on the envelope sent by registered post to the petitioner's official address constitutes valid service, and the petitioner cannot claim ignorance. The courts below rightly presumed service under Section 27 of the General Clauses Act, 1897. (Paras 5-10) B) Criminal Procedure Code - Maintenance - Section 125 CrPC - Quantum of Maintenance - The Court upheld the maintenance of Rs. 6,000/- per month to the aged parents, noting that the petitioner is a retired Veterinary Officer with sufficient means, and the parents are unable to maintain themselves. (Paras 11-12)
Issue of Consideration
Whether the impugned orders granting maintenance to the aged parents were passed in violation of principles of natural justice due to alleged non-service of notice upon the petitioner?
Final Decision
The High Court dismissed the Criminal Writ Petition, upholding the orders of the courts below directing the petitioner to pay Rs. 6,000/- per month to his parents as maintenance under Section 125 CrPC.
Law Points
- Service of notice by registered post
- refusal to accept notice deemed valid service
- maintenance under Section 125 CrPC
- principles of natural justice
- presumption of service under Section 27 of General Clauses Act
