Hi,
On a 138 case,the accused didnt accept the notice since he was out of country.Summons and Warrants were issued & it couldnt be executed since the accussed was absconding out of country.At this point the physical address of the accussed have been explored and a request has been put up to the court to execute a warrant to the overseas address of the accussed.
Could any one advise the next step the court would take? will a warrant be issued to the overseas(gulf) address of the accussed or will court initiate steps for issuing a summons on the overseas address of the accused?
1) if the court will only issue a summons to the gulf address of the accussed, what would be the status of the previously issued Warrant? will it be recalled by default by the court or will it continue to exist?
2) What is the exact procedure to serve the summons through the embassy in Gulf? if the court issues the order,should it be processed through the external affairs ministry in Delhi?what are the charges involved?since this is a pvt complaint using the govt missionary,will there be any charges extra to be paid by the complainant?
Any urgent advise will be really helpful.
Thanks.