Legal Question in Criminal Law in India

Many a times, in a case u/s 138 N I Act, cognizance is taken, court issued summon and sent Police Station for execution, but at hearing dates, summon is not sent back to court, either as executed or non-executed. So is the cases with Bailable Warrant and Arrest Warrant whenever issued. What action in court should be initiated by complainant, so that he should not suffer further, whenever Summon-B/w-A/w is not got returned, In spite of verbal request to Presiding Officer, that there is no fault of complainant if non-executed or executed summon, B/w and A/w did not reach the court’s file, the court simply gives next date of hearing. So let me know what should complainant to do, in this position as he is real sufferer.


Asked on 5/31/13, 12:21 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

It is a common problem with all courts.

Most probable reason is excessive work of same nature.

Code of Criminal Procedure, Criminal Manual (Rules framed by High Court for sub-ordinate courts) etc. have sufficient provisions for effecting services and ensuring submission of reports by police to court.

In case, sub-ordinate courts are not effectively implementing, then approaching higher court may be helpful.

Read more
Answered on 6/04/13, 4:16 am


Related Questions & Answers

More Criminal Law questions and answers in India