Summon
wifebetrayed
(Querist) 18 December 2011
This query is : Resolved
what is legal implication of absense in court by husband in 498a case, when he has not received any summon from court.
How does court validate whether summon was delivered to husband, how can husband request this information to check false POD of summon is given by wife side
as per below site
http://hanumant.com/CrPC-Unit2-Summons.html
Section 62 describes the procedure for serving a Summons on a person as follows -
(1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant. ( No police or govt servant has visted by house)
(2) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons. (not personally delivered and did not had any clue about it)
(3) Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefore on the back of the other duplicate.
(no receipt since did receive it)
Can NBW be still issued in this case.
Nadeem Qureshi
(Expert) 18 December 2011
you have read 62 Crpc now read 65 Crpc
65. Procedure when service cannot be effected as before provided.
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.
wifebetrayed
(Querist) 18 December 2011
what if it not affixed on some conspicuous part of the house or homestead.
is this looppole used to issue NBW?
Nadeem Qureshi
(Expert) 18 December 2011
Section 62 (1) police officer, Govt. Servent,
The answer is Postal Employee is also a Govt. Servant.
(3) (no receipt since did receive it) it is not mandatory, it is serving officers discrition or if he so required.
wifebetrayed
(Querist) 18 December 2011
i have not received via any mode, even through postal service.
one correction (no receipt since did not receive it and neither there was any contact in person or call or any information about summon)
If it was through postal serivce, would it be under RTI to get more details.?
Nadeem Qureshi
(Expert) 18 December 2011
64. Service when persons summoned cannot be found.
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 therefore on the back of the other duplicate.
Nadeem Qureshi
(Expert) 18 December 2011
if theere is no service of summon then no need to worry file an application before court & recall the NBW.
feel free to call
adv. rajeev ( rajoo )
(Expert) 18 December 2011
In a criminal case summons wont be send thru., postal service, police has to serve the notice, if not what is the report given by the police to the court to be seen. If any false report is filed regarding service of summons and in your absence court will issue NBW, which you can recall by telling the true facts to the court.
Raj Kumar Makkad
(Expert) 18 December 2011
If the accused is availing anticipatory bail then police has to ensure the presence of the accused person on the day of its filing charge-sheet and thus notice is issued by police authorities and not by court and if after obtaining bail, the accused jumps it then NBW are issued by court and are complied by police authorities. There is no ocassion to summon the accused in these circumstances but it complaint has been prima-facie accepted then the notice has to be sent by court to the accused person through its summoning agency.
Devajyoti Barman
(Expert) 18 December 2011
It is double edged sword.
If you appear after coming to know about the forged summons, then your appearance would be valid even though you point out its manipulation.
Now if you do not, then warrant may be issued on the basis of return.
So it is advisable that you make your appearance and file a petition about forgery of public document which is a punishable offfence.
Shonee Kapoor
(Expert) 18 December 2011
It is always advisable to appear on all dates in criminal proceedings. And not avoid it.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
