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Kiran searching answers (working)     25 June 2018

Summons not served because of false address in bail

The husband and the accused are trying to escape the summons by not appearing in the 498a case. 

1. The accused people have given wrong address and false details so the summons are not getting served.

What options do i have ? They are asking me to go to police station and go with them and serve the summons . is that legal.

2. Can i serve the summons via the husband to others accused legally ? is there any way ?

3. is it possible to split the accused people in the case if they dont come for the hearings ? if out of 6, 3 appear will the case be dropped for the other 3 ? is it a valid scenario?

 

Thanks,



Learning

 3 Replies

Kiran searching answers (working)     28 June 2018

Is the support only given to men who want to escape the law ? what about the women who are actually harrassed ?? 

Not all women file false cases. ! and not all men are saints ! 

Vijay Raj Mahajan (Advocate)     18 July 2018

To get the summon served upon the accused person is the responsibilty of the concerned Police station with whom FIR was registered and the criminal complaint case is being prosecuted through the IO.

You are just the complainant/victim in the criminal complaint case cannot get the summon in criminal proceedings served.

As far the correction in the address of the accused person who are unable to be served the court summon, that you can submit in the court through your counsel/advocate.

Karanveer Singh (Advocate)     27 July 2018

You can submit the correct address before the court through your counsel. It is the responsibility of the Police to make the accused appear before the court. If the accused does not appear, non bailable warrants will be issued against him. If the accused is not found, he will be declared as absconded and the proceedings of Section 82 Cr.P.C. will begin.


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