Hello,
Recently, my friend has received a summons under IPC 452, 504, 506.
I have a few questions regarding this.
1) the summons does not mention the address of the court where the matter is to be heard. It only mentions the name of the town. Should it mention the court address?
2) The court summons does not mention what the matter is, or who have filed the complaint. Since the matter is scheduled to be heard in another town, is it not necessary that these details be provided in the summons? How can one be expected to travel to another place without even knowing as to what the matter is?
3) There is four month old date mentioned on the summons. Then some one has scribbled another date scheduled later this month along with this old date. Should a new summons be issued altogether if the earlier date has expired or such manual scribbling is acceptable?
4) Is the complainant allowed to enter the premises of the accused while the police officer serves the summons to the accused?
5) Is the police officer who is serving the summons to the accused expected to issue any letter from the police station itself giving reference to the said summons or he is supposed to simply hand over the summons? Why I am asking this is because how to ascertain even that the police officer actually hails from the concerned police station?
6) Is there any time limit for filing a court case after the said event is said to have happened for the IPC 452, 504, 506? The concerned matter is certainly more than one year old.
7) The concerned matter is about encashing the bank guarantee. For this, my friend had to go to the bank located at another town. It may sound strange, but the bank officer refused to accept the bank guarantee papers. The person's (who provided the bank guarantee) mother works a the same branch of the bank. On top of this, the person who had issued the bank guarantee called the police at the bank branch and my friend was forced to go to the police station where he was unnecessarily grilled for more than two hours. The police officer pressurized him not to invoke the bank guarantee. While the person who provided the bank guarantee to my friend was still at the police station, my friend left for his native place. It was already later in the evening, so he had to rush back in a self driven car. Yet this person has filed a false case against him saying that my friend went to this person's place and did certain things under the said IPC clauses. After such an abuse of legal system on the part of this person who is falsely implicating my friend in this case, my friend is now expected to go to this town for appearing in the court. The person who has filed the case is obviously an influential person seeing the way he manipulated the bank personnel and the police on the earlier occasion. Will it be prudent on the part of my friend to travel to this place to appear in the court given his safety related issues?
8) Is there any way to write to the court about these matters and how to do it since the summons does not mention any court address?
Issuing or receiving the summons may be a very common thing for the legal fraternity, but for a common man it has raised some basic and serious questions. Hence this post. Appreciate your help in this matter.
Thank you for your help in advance.
