Police not serving summons in 498a case
SAM
(Querist) 04 October 2023
This query is : Resolved
Hello all,
Chief Judicial Magistrate has issued summons to the opposite party (First Informant/wife) in 498A case. Matter is at hearing stage. First Informant/Wife has got married to some unknown person and gave birth to child. Evidence of marriage has been already submitted by the husband lawyer in court stating that exemption be given to attend court hearing which was rejected by court.
Almost 8 dates (6 months duration) has been completed after that still no summons report has been delivered by Police dept. and till date the opposite party didn't appeared in the court. The hearing is getting postponed due to non servicing of Summon to opposite party. We already put the reminder to the judge & he reissued the summons which also not been served. What can be the next step taken in this scenario? What if the Summons is not served to opposite party? We are sure the opposite party will not come in court and is least bothered to come to court as she has already got married and has child after her marriage.
Would the husband get acquitted and discharged from the case is she don't come and appear in court or the matter will continue till the police don't submit any report about service of summons to first informant?
Please advice.
Sudhir Kumar, Advocate
(Expert) 04 October 2023
If she is not coming to the court then her allegations are not getting substantiated.
full facts and other parts of evidence need to be discussed whether there by any other hurdle in acquittal.
T. Kalaiselvan, Advocate
(Expert) 05 October 2023
It is the public prosecutor who has to initiate steps to instruct police to serve the summons or to face the wrath of court.
The APP only can recommend to dispense with the evidence of the witness if she is not traceable.
SAM
(Querist) 05 October 2023
Already husband has got reply through RTI from Public Information officer about her marriage which he has submitted in the court. Court has considered the evidence about her marriage but did consider exemption application filed by husband and his relatives. Next date is on 26th October 2023 for hearing.
SAM
(Querist) 05 October 2023
Husband advocate is telling to do setting in concerned police station and give 500 rupees so that they will deliver the summons to the wife. After marriage wife is now residing with her 2nd husband in some other place and her address is changed. When husband enquired from concerned court officer about the report of summons the concerned court clerk in the court are saying to don't worry court will issue first bailable warrant's and thereafter non bailable warrant's then she will anyhow has to appear in the court. Then she will realize about filing of false 498a case in court
SAM
(Querist) 05 October 2023
Already husband has got reply through RTI from Public Information officer about her marriage which he has submitted in the court. Court has considered the evidence about her marriage but did consider exemption application filed by husband and his relatives. Next date is on 26th October 2023 for hearing.
T. Kalaiselvan, Advocate
(Expert) 06 October 2023
Has the court dismissed the application, if so you may file a revision petition agaisnt the orders before high court
SAM
(Querist) 06 October 2023
Court has rejected application for permanent exemption filed by the husband as the court said in its order that at the trial stage the court cant consider exemption application of husband and its family members
T. Kalaiselvan, Advocate
(Expert) 07 October 2023
Have you approached the high court with a revision petition venting out your grievances due to this aggrieved order, if not then you can prefer a revision petition before high court in this regard and seek justice
SAM
(Querist) 09 October 2023
No I have not approached HC with revision petition. Can I approach HC during hearing stage? Would HC consider my application during trial of the case?
Sudhir Kumar, Advocate
(Expert) 10 October 2023
It is the responsibility of the prosecution to enforce attendance of witness. If they are not able to serve summon then there will be arrest warrant.
Since address is not available even the warrant may not be served.
As far as accused is concerned he gets benefited due to non-evidence. However accused is a looser due to prolonged trial. You can discuss without your lawyer the feasibility of petition for speedy trail.
SAM
(Querist) 10 October 2023
Can I file RTI to Public Information officer, Police station and ask about the status of police report (why summons is not yet served to First Informant?) Delay in filing of Police report? etc. so that on the basis of RTI information I will submit the disclosure of RTI in the court.
T. Kalaiselvan, Advocate
(Expert) 20 October 2023
You are not restricted to obtain information through RTI Act, you may proceed as proposed by you
