Procedure to Serve Notice Or Summons When one is in custody?

                                                                                                                                           hi,

If anyone is in custody and u wants to serve him/her summons.

 If he/her is in Police custody then summon can be served on him as served in general scenerio.If u able to trace him but that is very unpractical becoz if anyone is in police custody u or the server won't be able to trace him/her .

But  in judicial custody u can serve him/her through Jail suprintendent

Advocate Jatin is very right. my answer was not up to the mark.

Thanks Mr. Sapra and Mr. Borbora.

In my case the service of Notice of Advocate U/s  138 N.I. Act is done when the Accused was in the custody of Police / CBI and further he was served when he was under intorogation and investigation of the Officers.

\Whether this will be a valid service...

Also the Accused has refused to accept the Service of Notice when he was served in due course at his Residence and at his Office.

 I am for the Accused. I want to prove the service as Bad and Ineffective. 

Regards.

Thatnks in advance.

Hello and thanks Mr. Borbora,

It doesnot matter whether u were in custody at that time and refusal.

As far as ur plea on service of notice that can be decided only  after examining the remarks on service report  and from ur point of view u can take defence about knowledge of indegredients of knowledge and the trouma of being in custody at that point of time.

Other matters are factual.

it will be treated as properly served.