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Judgment
W. Diengdoh, J
Heard Mr. Philemon Nongbri, learned counsel for the petitioner who has submitted that through inadvertence, affidavit of service of notice upon the complainant has been filed before this Court indicating that the same has been duly served. However, he has fairly submitted that on perusal of the copy downloaded from the website of the post office and on careful scrutiny of the same, it is found that in the column, the term ‘Item Delivery Confirmed’, which has been noted, in fact referred to the item being delivered to the Shillong GPO i.e. the post office from where the said notice was issued and not that it has been issued upon the said complainant. As a matter of fact, the said notice has returned unserved being duly noted by the registry of this Court indicating that the said notice has returned unserved.
Be that as it may, the learned counsel for the petitioner prays that he may be allowed to take fresh steps for issuance of notice upon the said complainant through the I/O concerned.
On consideration of the prayer made, keeping in mind the fact that this is the matter concerning the liberty of the individual, under the peculiar facts and circumstances of the case, prayer is allowed.
As prayed for, list this matter after 1(one) week.