Issue process in abroad
Advocate@Law Field
(Querist) 07 May 2012
This query is : Resolved
I have read MHA Circular in this regard. S. 105 of Cr.P.C. provides for the same. Under S.166A Application for request letter to concerned Country can be made...But my Query is that who should file such Application in the Court? Advocate for the Complainant or Investigating officer? Whoever has detailed knowledge about this subject please share it.Thank you in advance.
sibasish pattanayak
(Expert) 07 May 2012
sir,
so far my knowledge is concern if your case is ft to serve the summon to the person who reside out side India AND that country with in the ambit of an international treaty called as M.L.A.T. , In that event as our country ratify the said intenational teaty with the said country then the concerned court is empowered to send the summon / warrant of arrest to the authority concern through MHA and MEA.
PL go through the treaty first , and take necessary step.
regards,
SIBASISH PATTANAYAK , Advocate ,kolkata.
09874854594 / 09231668664 /09874080022.
OR
write me : sibasishpattanayak@snslegal.in
sibasish_adv@yahoo.co.in
shubhashreemanna@snslegal.in
Shonee Kapoor
(Expert) 08 May 2012
The notice has to be served through MEA.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 08 May 2012
And the notice can be issued at the request of the prosecution.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
R.K Nanda
(Expert) 10 May 2012
I agree with Shonee Kapoor.
