138 n.i . a
NIKHIL GUPTA
(Querist) 03 April 2014
This query is : Resolved
TRUTH ALONE TRIUMPHS, I am N.K.Gupta , advocate J&K H.C. sir if u be kind enough to help me, i have a small querry for you. i have a case u/s 138 n.i.a. the problem is the court has to summon the defendant in NAGPUR but it is not getting the appropaiate address and the appropriate authority who could complete the service. kindly guide me in this particular case. i will be highly obliged for your kind cooperation. thankyou
ajay sethi
(Expert) 03 April 2014
you want to know the address of defendants in nagpur . serve the defendant at last known address .
NIKHIL GUPTA
(Querist) 03 April 2014
no sir. the court want to get the summon executed. who should get it executed in nagpur. the compitent court or authority
ajay sethi
(Expert) 03 April 2014
THE summons are sent to the local police station for service upon accused
Nadeem Qureshi
(Expert) 03 April 2014
Dear Nikhil
you you have the email ID of the accused then send the summons through Email to him, this is also a valid service. otherwise approach to court to send the summons through SHO concerned.
V R SHROFF
(Expert) 03 April 2014
send by RPAD. Post to concerned Police Station, who will serve the summon.
Rajeev Kumar
(Expert) 03 April 2014
Agree with experts notion
Rajendra K Goyal
(Expert) 03 April 2014
It has to be served through concerned police Station.
Anirudh
(Expert) 03 April 2014
Dear Mr. Nikhil,
Please go through Section 78 and 79 of the Cr.PC., which read as under:
78. Warrant forwarded for execution outside jurisdictions-
(1) When a warrant is to be executed outside the local jurisdiction of the Court issuing it, such court may, instead of directing the warrant to a police officer within its jurisdiction, forward it by post or otherwise to any Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction it is to be executed; and the Executive Magistrate or District Superintendent or Commissioner shall endorse his name thereon, and if practicable, cause it to be executed in the manner hereinbefore provided.
(2) The Court issuing a warrant under sub-section (1) shall forward, along with the warrant, the substance of the information against the person to be arrested together with such documents, if any, as may be sufficient to enable the Court acting under section 81 to decide whether bail should or should not be granted to the person.
79. Warrant directed to police officer for execution outside jurisdiction. –
(1) When a warrant directed to a police officer is to be executed beyond the local jurisdiction of the court issuing the same, he shall ordinarily take it for endorsement either to an Executive Magistrate or to a police officer not below the rank of an officer in charge of a police station, within the local limits of whose jurisdiction the warrant is to be executed.
(2) Such Magistrate or police Officer shall endorse his name thereon and such endorsement shall be sufficient authority to the police officer to whom the warrant is directed to execute the same, and the local police shall, if so required, assist such officer in executing such warrant.
(3) Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the Magistrate or police officer within whose local jurisdiction the warrant is to be executed will prevent such execution, the police officer to whom it is directed may execute the same without such endorsement in any place beyond the local jurisdiction of the court which issued it.
NIKHIL GUPTA
(Querist) 05 April 2014
TRUTH ALONE TRIUMPHS
Dear friends i m completely aware of the provisions, but i requested any advocate from Nagpur or if anybody having knowledge of whom specifically to send summon,who will get it executed. someone said (my) court should send summon to Session court there, someone said to the police station. but my problem doesn't ends here. the court sent a summon to S.S.P, but the summon came back bearing (insufficient address). because there are no SSP's in Nagpur. the Ranks are different there.
So my sincere request is :- kindly send me the exact name of the police authority will get it executed or the exact court who will get it executed. Law is not the problem for me, i am aware but send me the exact AUTHORITY who will get it executed in NAGPUR
THANK YOU
