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GUDAKESH KUMAR (LAW OFFICER)     30 January 2011

WITNESS SUMMONS

Witness Summons in the name of a retired employee of Corporation (Government Company) was received by the head of the establishment under cover of a letter by Investing Agency (CBI), requesting the head of the establishment to cause the service of summons on the witness in a criminal complaint where corporation is not a party.

Is the head of the establishment obliged to cause the service of summons ? The criminal case is of the time when the witness was in active service of Corporation.

Is the head of the establishment obliged only to cause service of summons and not to ensure presence of witness in the court.

Is it the obligation of the corporation to pay the cost and expenses of the witness, when the witness after retirement is residing at a different city?

 Whether only forwarding the summons to the last known address of the witness will serve the purpose, when the witness is a pensioner and as such has got some connection with the Corporation?

may I request the learned responses alongwith specific provisions of relevant statues and / or case laws relied upon in responses.


 



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     30 January 2011

ONly to serve the summons letter is issued.  The officer duty is to serve the summons only.

GUDAKESH KUMAR (LAW OFFICER)     30 January 2011

Dear Rajeev,

Any sections of statue you can guide me for this as section 66 of CrPC refers to duty only in the cases of persons in active service.


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