Can 3 summons became a warrant ? Expert advice required.
Manoj
(Querist) 20 July 2009
This query is : Resolved
First of all, this is very fantastic help you guys are doing.
My Question : If somebody is not present for continuos 3 summons then court can issue a warrant? What if the Police it self does not come to house and say person is not in his home for 3 times and then ask court for warrant?
Kiran Kumar
(Expert) 21 July 2009
firstly u must state the facts and nature of the case.
secondly the police never serves the summons, it is the staff attached with the court which serves the summons.
if u can explain a bit of facts and nature of case then we ll b in a position to explain u the procedure.
n.k.sarin
(Expert) 21 July 2009
Mr. Manoj there is no hard and fast rule that if somebody is not present for continuous 3 summon then court can issue a warrant. Actually the power to issue warrant is discretionary one, if court is satisfy with the report of server he may issue bailable warrant.
PALNITKAR V.V.
(Expert) 21 July 2009
If it is a warrant triable case, warrant can be issued at any time, even at the first instance. In other cases, unless summons is declared to be duly served warrant can not be served even if the accused remains absent.
Sarvesh Kumar Sharma Advocate
(Expert) 21 July 2009
summoning is a different processes.
and warrant is another proceses.
you prayer to the court with the application for issueing warant.
Y V Vishweshwar Rao
(Expert) 28 July 2009
The opinion of Shri Palnitkerji is correct and the same is the due process !
