summons and warrants are not returned served ?
Shree.
(Querist) 20 December 2009
This query is : Resolved
Generally, in Criminal Cases, summons and warrants are not returned served or
unserved, under the circumstances, what can be done in this situation?
Devajyoti Barman
(Expert) 20 December 2009
If it is summons then you can reissue it for service through registered post or through Police. If it is warrant of arrest then you can seek order through court for its execution and report from the Officer in charge of the Police Station or higher official in that regard.
Sukhija
(Expert) 20 December 2009
I agree with the view of Expert Barman.
Adv Archana Deshmukh
(Expert) 20 December 2009
If the accused is avoiding service of warrant then S. 82-83 of CrPC provides for proclamation and attachment of the property of the accused.
PJANARDHANA REDDY
(Expert) 20 December 2009
IF U KNOW THE CORRECT ADDRESS OF THE ACCUSED U CAN ASK THE COURT TO APPOINT AN ADVOCATE COMMISSION TO ASSIST IN SERVING THE SAME BY A POLICE AUTHORITY ALONG HER/HIS PRESENCE.
alokraman
(Expert) 20 December 2009
steps for reissue in case of summons should be taken .in case of warrant proper order from court should be obtained for execution
adv. rajeev ( rajoo )
(Expert) 20 December 2009
submite before the court is issue NBW to the accused.
or you may submitt before the court to issue NBW thru., PSI/SP of the concerned locaal or dist.,
Ajay Bansal
(Expert) 20 December 2009
AGREED WITH DEVAJYOTI BARMAN.
Ajay Bansal
(Expert) 20 December 2009
already given answer.
Arvind Singh Chauhan
(Expert) 20 December 2009
In your case summons/warrant are not returned, Served or unserved. It shows Police is disobeying the court's order. At least they must returned the summon/warrant with their report, even in case of non service, with reason that why these could not be served. In this situation court may issue show cause notice to concerned SHO or complain to higher police authorities. Request for the same to court.
