Summon process in criminal case

Querist : Anonymous (Querist) 07 January 2018 This query is : Open
In a criminal case, what process court has to follow to issue summon to the defendant? Court has issued summons and no authority made attempts to reach to defendant. Defendant didn't even know about the case.Then,court issued a NBW. What are the rights of defendant in such situation? What documents defendant can ask the court/appropriate authorial to show proof of attempts to deliver the summons? what is the process to issue summon if defendant is in another jurisdiction than jurisdiction court is in. Thank you

Follow Query

Report Abuse

Advocate Bhartesh goyal (Expert) 07 January 2018
AnonymoUs, and academic query...No reply.

R.Ramachandran (Expert) 07 January 2018
Please indicate whether you are the defendant?

You say that the defendant did not even know about the case. Agreed.
Now, how do you know that no attempt was made to reach the defendant?
Again, now how do you know that NBW has been issued against the defendant?

Vijay Raj Mahajan (Expert) 07 January 2018
Avoiding court summon by the respondent/defendant is punished by court by issuing warrant, bailable or non-bailable in criminal complaint cases. The best way is to appear in court after served the same if not being arrested by police to be produced in the court. Seek due apologies from the court for non-appearance previously rather arguing of not being served with summon. The court will excuse your mistake and move ahead with case. More you show arrogance in courtroom more problem you create for yourself.

P. Venu (Expert) 07 January 2018
Are you the accused/defendant in the matter? Or, how you are connected with the matter? How are you connected with the matter?

Querist : Anonymous (Querist) 07 January 2018
Thank you for your time and valuable advice. The defendant hasn't avoided summons etc and has been in home and was available all the time and will know if someone came to home for issue of summon. The defendant heard about the case thru plaintiff . The intention isn't to avoid or disrespect the court. Question is - what are the rights of defendant? NBW is a serious step and I don't know the effects of NBW and what harm it can cause to defendant. Thank you

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries