Summon procedure
wifebetrayed
(Querist) 18 January 2012
This query is : Resolved
hi
sorry if it seems to be repeated query, I am not able to locate the query in my query list..
i am delhi based and facing a 498a case in kerala. My mother is govt employee. We are on AB since jan 2010. We have nt yet received any summon or notice from police/court to appears in court for trial. Last time my lawyer informed that, since it is interstate case notice/summon would not be sent for compeling appreaning in court.
As per my understanding below section should apply in my case
Service of summons on a Govt. employee (Section 66)(My mother) -
Section 66 details the procedure for serving a summons on a Government employee as follows -
(1) Where the person summoned is in the active service of the Government, the Court issuing the summons shall ordinarily sent it in duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in the manner provided by section 62, and shall return it to the Court under his signature with the endorsement required by that section.
(2) Such signature shall be evidence of due service.
Service of summons outside local limits (Section 67) -
When a Court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is believed to be there, served.
Is there any expection in crimal trial where accused is residing in other state not to issue notice/summon by police /court to compel his appearenace in court for tril.
I understand from fourm, i can request details of summon issued or attempt made to notify accused to be present in court, please guide how i can do that..
Deepak Nair
(Expert) 18 January 2012
Section 66 says about summons to govt.employee in his official capacity and not in personal capacity.
In 498(a) your mother will not be asked to be present as a government official, but a mother in law. Thus this section does not apply in your case.
Deepak Nair
(Expert) 18 January 2012
There is no exeception to the accused residing in another state. The court can issue summons directly and warrants through the commissioner of police/judicial magistrate of the locality where the accused resides.
wifebetrayed
(Querist) 18 January 2012
thanks for your response.
how can i get details of summon whether it was issue or not
ajay sethi
(Expert) 18 January 2012
well advised by Deepak Nair
Shonee Kapoor
(Expert) 18 January 2012
Rightly advised by Mr. Nair.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Expert) 18 January 2012
If the summons is not served to you, you can enquire with the court regarding the status of the summons.
Advocate. Arunagiri
(Expert) 18 January 2012
My suggestion is appoint an advocate for the case, take his advise by knowing the status of the case, on seeing the court records.
Raj Kumar Makkad
(Expert) 18 January 2012
I endorse the views as expressed above. Follow the advice to engage a lawyer to represent your case properly.
