Handling a court summon
Querist :
Anonymous
(Querist) 03 April 2010
This query is : Resolved
Sir,
I had an ugly incident wherein I was hit by a patient attender in the hospital when I was on duty in 2008. At that time i filed a police complaint and a case was registered under section 353 and 506IPC.
Now I have got a court summon asking me to appear on 9th april, which I wont be able to do b'cos of some reason. I havnt taken the delivery of the summon yet. The policeman from the concerned PS has called me up asking me to take the summon. When I told its not possible for me to appear. He told me to give it in the writing specifying the reason why I wont be able to do it. So is it the best way to handle the situation Please advice.
Srinath Kondapally
(Expert) 03 April 2010
give it in writing and better to request that to appear on next date of hearing
adv. rajeev ( rajoo )
(Expert) 03 April 2010
manage the police he will do it for you. If not engage an advocate he will file an application u/s 205 of cr.p.c claiming an exemption for the day on the first appearance.
adv. rajeev ( rajoo )
(Expert) 03 April 2010
request the police to return the summons mentioning the reason, he will do it for you. Otherwise hand over the case to your known advocate he will appear on behalf of you and will file an application u/s 205 claiming exemption for the day
prakash vathore
(Expert) 03 April 2010
Hi !
Don't worry. Since u r the complainant, the court has issued summons in your name as to intimate you that ur matter is placed on board on that particular date. So if u will not appear on that day, the world is not going to change for you, but the best option is accept the summons and either engage an advocate or send some authorised person to inform the court regd. ur inability to appear for the day.
Harshada Shukl Kulkarni
(Expert) 03 April 2010
Best way is to accept the summons and send ur authorised representative to court for informing about ur inability to attend the matter on that particular day.
Querist :
Anonymous
(Querist) 03 April 2010
Sir,
Thanks everyone for their advice. I am very grateful to each one of you. The problem is I have my final year post grad exams from 22nd and I dont have the tme now to now to find a lawyer for myself here in hyd, explain him my case, that requires lots of time. Will i land in soup if i take that summon and dont turn up for the hearing, assuming that my next hearing will be somewhere after 5th May and I ll be done with my exams by then. My other option being submitting a letter to the concerned PS, who ll produce it in the court on the day of hearing. And will a Simple letter explaining my inability to the court have some weightage in the court.
Arvind Singh Chauhan
(Expert) 03 April 2010
What you have thought is also right. You should tell to summon server, the reason why you are not able to attend the court on particular date. The police man may mention the same on the copy of summon which to be returned to the court. You need not to engage lawyer because there is already public prosecutor on your side. You may request to public prosecutor to seek adjournment describing the genuine reason.
Querist :
Anonymous
(Querist) 11 April 2010
Thanks everyone for their prompt and useful replies. I m glad to have found this forum. I hope I dont have to use this forum again :) ( Dont wanna be in any probs)
