Hii, the summon should be served on the residence of the witness .. However if you deliberately try to avoid summon, the court may issue warrant to avail your presence.. It is advisable to appear and give your testimony as a witness.. Engage a lawyer to do so.. It is a matter of a single hearing ..
Summon by court to present as a witness
I was in Guwahati from 2014-2015 as tenant. there was a CBI inquiry on my landlord of disproportionate assets. he has shown his income from rent. I was been question by CBI during 2014-2015 for paying rent to my landlord. Now this case is in court. I have got a call from CBI office that Court has summoned me to be present on 15-Sept. but the summon in not served me. Now I am relocated to Delhi. Can I avoid the summon and what is the process for that?
Asked 6 years ago in Criminal Law
Religion: Hindu
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8 Answers
1. Summons has to be served on you before you can be made liable to appear in the court. Intimation through phone call is not service of summons.
2. Do not avoid the summons if someone comes to serve it, else warrant will be issued.
If you have not been served with summons you can avoid attending court on 15th Sep
2) it is better you attend court and have your evidence recorded
Until and unless summons is served upin you there is no obligation for you to attend the case.
Once summons is served do attend the case as in its default court may issue warrant of arrest.
You have to appear before the Court after receipt of summons only. The CBI people are duty bound to serve summons duly signed and stamped by concerned court on you . You have to wait for summons served on you. The CBI officials will make attempts to serve summons on you by enquiring about your whereabouts. They will try to locate you by your mobile date other information. They will search for you, if your evidence is crucial or else they will file report before the court the your whereabout not available.
Until and unless you get the summon in your hand till then you can not be force to appear before the court.
If you are residing in Delhi and they don't have your current address then no need to worry enjoy your life till receiving of summon.
If you will go to court for your testimony then you may claim your traveling expenses from the CBI or court, they are bound to pay the amount.
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Since you have received a call from CBI and intimated you that yo should attend the court on the date stipulated you ma have to appear or else a witness warrant may be issued to you or even a bailable warrant may be issued.
Hence to avoid the unpleasant situation, you may try to attend the court on the date stipulated.
No you can not avoid summon. otherwise in the next even a non bailable warrant will be issued, but yes you can engage a local lawyer and ask him to make an appearance in the court with an application for exemption from appearance thereupon telling the court that no summon has been served upon you and that you have been informed telephonically.
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