Summon, bailable warrant and arrest warrant

There is every possibility to summon a police officer from a police station through Court. But you cannot summon a Court or Send a arrest warrant to a Court from police station.

What is your problem? please specify briefly so that we can guide you to the possible extent.

You can also refer to Sections 61 to 81 of CRPC which deals with summons and issusing a warrant of arrest.

Respected Sir,

Thanks for showing interest in my query. There is a case u/s 138 NI Act in a court, where it is ordered at order sheet to issue summon,b/w, a/w .O.k. Form of summon, b/w and a/w alongwith Rs.2/-Order Stamp(Adeshika shulk-Fard Talabana) was deposited in the court. O.K. no problem. Now Summon,b/w, a/w (as the case may be) is signed by the Presiding Officer i.e. Magistrate Sir duly recorded on the order sheet. From here now query arises, what is the procedure I want to know the procedure of sending summon, bailable warrant and arrest warrant from the court to police station and vice-versa whether these were served/executed or not. 

Thanks with regard,

 What provisions are given in CrPC for compelling appearance in courts? What do you know about Summons in this context? Describe the procedure for issue and service of a Summons. How can a Summons be served on a govt. employee or outside local limits?  

Processes for compelling appearance
To meet the ends of justice, it is critical to produce the accused and other witness or related parties before the court whenever needed. If the accused is found guilty at the conclusion of the trial, he must be present in person to receive the sentence. Also, his presence is necessary if imprisonment is to be enforced. Further, the supremacy of the law will be questionable if there is no formal process to bring the required persons before the court. For this reason, Chapter VI (Sections 61 to 90) of CrPC provides three ways for compelling the appearance of any person who is required to be present in the court, in the court - 

1. Summons, 
2. Warrant, and 
3. Proclamation for person absconding

While Summons is an order of the court to the person to appear before it, Warrant is an order of the court given to a third person to bring the person who is required to be present in the court, in the court. Which method is to be used in a particular situation depends on the judicial officer, who is guided by the provisions of this code. The third method is used when the person has absconded or is in any other way avoiding arrest, in which case the Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation

The code classifies all criminal cases into summons cases and warrant cases. A case is a warrant case if the offence is punishable by death, imprisonment for life or imprisonment for more than two years.  A summons case is a case that is not a warrant case. Thus, the basis of classification is the seriousness of the offence. Since summons case contains a lesser sentence, there is less probability of the accused violating the court order. Therefore, generally, a summons is issued for a summons case and a warrant is issued for a warrant case. However, when a summons is not productive in making a person appear before the court, the count may issue a warrant to a police officer or any other person to forcibly produce the required person before the court. 

Summons
A Summons is a process issued by a Court, calling upon a person to appear before a Magistrate. It is used for the purpose of notifying an individual of his legal obligation to appear before the Magistrate as a response to a violation of the law. It is addressed to a defendant in a legal proceeding. Typically, the summons will announce to the person to whom it is directed that a legal proceeding has been started against that person, and that a file has been started in the court records. The summons announces a date and time on which the person must appear in court.

A person who is summoned is legally bound to appear before the court on the given date and time. Willful disobedience is liable to be punished under Section 174 of IPC. It is a ground for contempt of court.

As per Section 61, every summons issued by a Court under this Code shall be in writing and in duplicate. It must be signed by the presiding officer of the Court or by such other officer as the High Court may, from time to time, by rule direct. It must also bear the seal of the Court.

Procedure for issuing a Summons
When a request in appropriate format is made to the court for compelling the appearance for a person, the court either rejects the request or issues a Summons. As per Section 204, if in the opinion of the magistrate taking cognizance of the offence, there is sufficient ground for proceeding, he shall issue a summons if it is a summons case. If it is a warrants case, he may issue a warrant or a summons as he thinks fit. However, Section 87, empowers a magistrate to issue a warrant even if the case is a summons case if he has reason to believe that the summons will be disobeyed. He must record his reasons for this action.

The summons should contain adequate particulars such as the date, time, and place, of the offence charged. It should also contain the date, time, and place where the summoned person is supposed to appear. The standard format of a summons is given in Form 1 of Second schedule. 

As per Section 205, a magistrate issuing the summons may permit the accused to appear by his lawyer if he sees reason to do so.

Procedure for serving a Summons
CrPC describes the procedures for serving a summons on various categories of individuals - a person, a corporate body, a government servant, and a person residing outside the jurisdiction of the court.

Section 62 describes the procedure for serving a Summons on a person as follows - 

In case of Danatram Karsanal, 1968, it was held that summons should not only be shown but a copy of it be left, exhibited, delivered, or tendered, to the person summoned. In a case, where a copy was tendered to the person, it was held that the summon was served.
In E Chathu vs P Gopalan, 1981, it was held that when the person sought to be summoned is employed abroad, the court can send summons to the concerned embassy official for the purpose of service since the embassy official is also a public servant. Merely affixing the summon on a conspicuous part of the house will not amount to service of the summon.

Service of summons on corporate bodies and societies (Section 63) - 
Service of a summons on a corporation may be effected by serving it on the secretary, local manager or other principle officer of the corporation, or by letter sent by registered post, addressed to the chief officer of the corporation in India, in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post.  In this section, "corporation" means an incorporated company or other body corporate and includes a society registered under the Societies Registration Act, 1860.

In the case of Central Bank of India vs Delhi Development Authority, 1981, it was held that a Branch Manager is a local manager and if he has been served the service shall be deemed to have been effected on the company itself.

Service when persons summoned cannot be found (Section 64) -
Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.  A servant is not considered to be a member of the family within the meaning of this section.

Procedure when service cannot be effected as before provided (Section 65) - 
If service cannot by the exercise of due diligence be effected as provided in section 62, section 63, or section 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.

The service of summons on a witness can also be done by post. As per Section 69 - 
(1) Notwithstanding anything contained in the preceding sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain.
(2) When an acknowledgment purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received, the Court issuing the summons may declare that the summons has been duly served.

Service of summons on a Govt. employee (Section 66) - 
Section 66 details the procedure for serving a summons on a Government employee as follows -
(1) Where the person summoned is in the active service of the Government, the Court issuing the summons shall ordinarily sent it in duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in the manner provided by section 62, and shall return it to the Court under his signature with the endorsement required by that section.
(2) Such signature shall be evidence of due service.

Service of summons outside local limits (Section 67) -
When a Court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is believed to be there, served.

Respected Sir,

Thanks a lot for your response. But What I wanted to know the procedure between court and police station, how it is reached from court to police Station. So after submitting the summon form in the court, it can be traced out. That it is signed. O.k. it is written in the order sheet. Afterwards whether court send it to the police statin or not ? If sent how to prove, and what happened after police got it, many a times police neither send it to court as excuted nor non-executed on the date of hearing. When a victim asks the court simply issue another summon again giving a date of more than 3 to 4 months. So what is the procedure when Police got summon from the court, whether it was entered or not somewhere. What is the procedure and journey of the summon and how as per law, the victim can trace it at which level it is lying.  whether court official should take sign of police department when it is sent to police station.When a summon is got in the police station, how to keep record of it at the police station, whether it is served or not. what is the fate of summon, when and how it will reach to court back and if not returned by the police, what is the recourse with complainant.

Thanks with regards,

What is the case actually?

Respected Sir, Summon (b/w and a/w ) is given in court, court also signed it by mentioning that it is issued. There after it is not traceble. on hearing date, when nothing is there on the file, again next date of hearing is given and so on.

U have only one option,obtain the summons from the court and serve them personally.

Respected Sir,

Thanks for your practical advice. But I whant to know the procedure as per law.

@ SAINATH DEVALLA

Excellent Explanation regarding the Summons.

Thank you very much Sir.

Respected Sir,

It is the duty of court and police to serve summon, bailable warrant and arrest warrant. There is no part of complainant . But when these were not got served/executed, sufferer is the complainant. That is why I want to now the procedure/journey of these ones (after signing by the Magistrate) as per law how these should be sent to Police Station ( i.e. by hand/ by noting in the court in any register and in police station where to enter them etc. what is the procedure)  and how to get back these ones at court. So that by knowing the procedure a complainant can pursue the matter according to law, where these were lying and exactly who( court staff, police etc) is responsible for non serving/executing them.  Otherwise complainant with folded hands has to stand in front of everybody (court staff and police personnel) to get these served/executed.

GO THROUGH THE ATTACHMENT

Respected Sir Sainath devalla,

I have gone through the attachment. But what ever I want is the procedure between court to police station and getting back from police station to Court. So that if summon/ b-w/ A-W can not be served/executed, responsibility can be got fixed or can be pursued at every level where it is pending.

Thanks a lot for answering my query,

Respected Sir TGK Reddi,

What I want to know the procedure of sending between court to police and police to court. Because upto the level of issuing the Summon/Warrant , no problem as order of Summon/Warrant is done by Presiding Officer, afterwards proforma of Summon/Warrant is given in court to be issued by signing and sealing by and of the Presiding Offer by mentioning this in the Order sheet also that Summon/Warrant has been issued, upto this level, no problem. But afterwards what is the procedure of sending the Warrant from court to Police and from Police to Court on hearing date. Because it is written in a number of citations of Court that it is the duty of court and police to get it served on the accused, there is no role of complainant/victim. But when on hearing date, Warrant is not returned by police either it being executed or non-executed, The Presiding Officer simply gives another hearing date. Here I want to know what a complainant/victim should do as per law for getting fixed the liability of the careless person, who is responsible for this as neither the warrant was returned as executed or non-executed. Whether after singing and sealing Summon/Warrant, these were not sent to police station by the court staff, if sent what is the procedure to get it checked when these were sent to Police Station, who got there, and to which police personnel, they were given or not for execution, if not given who is responsible, if given what was done by the police personnel like these etc. I want to the procedure and where it is written so that the responsibility can be got fixed.

Thanks with regards to all for attending my queries and still waiting desired result.

The querist has been given feeding more than his appetite.Now time has come to concentrate locally if the query is genuine and not academic.