Hi, the one who has filed the case do lot recieve summon.. It is the respondent against whom the case is filed the summons are issued .. The summons are send to the address mentioned in the complaint via post or if within the city through local officer
Service of summons in criminal case
How are court summons delivered to the other party (the one that has filed the criminal case) in India? Is it via post or through a local official? What if the other party wants it only via post? Are the summons delivered at the temporary address? My family does not want to file the criminal case against someone because someone told them that once the case goes in the high court, a local court official along with a police officer will bring the court summons to my permanent address. This will bring light to my case in my permanent neighbourhood, which I don't want. Is there any provision wherein i can obtain court summons via post on my temporary address. Thanks.
Asked 8 years ago in Criminal Law
Religion: Hindu
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9 Answers
1. Summon are served by the process server of the court.
2. If the summon has been issued both ways then the court will serve the notice and also the complainant will send the notice by post or by dasti.
3. Summon are sent to the address as mentioned in the complaint. The other party has no regulation as to how the summon is served.
Regards
1. The summons of court is served both trhough post and court staff.
2.The summons is served to the other aprty.It is not served upon the person who files the case.So I wonder why the summons is to be served in your address through court staff if you or your family member files such case.
3. Soyou apprehension on this account is totally misdirected.
4.if your opposite a party files any cases agaisnt you then only your neighbours may come to know when the summons is going to be served at your address.
1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the court issuing it or other public servant.(2) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons.(3) Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate
4) summons would be served at the address mentioned in criminal complaint
1) When the other party appeals in the high court then also we will not receive summons at permanent address? How will we get notified then? 2) Our lawyer told us that if we file Caveat petition then he can redirect summons to his office address. Is that true? 3) We will be leaving this place within six months. But at the time of filing, the complaint will have our current address. Can we remove the current address and change the address in the complaint at later stage? Will the court sunmons come on that address then?
Asked 8 years ago
1.yes,you willrecove notice but then through postonly.
2.Yes, it si right.
3.If later you change the address,you can inform the court about the change if address which the court will allow to be sued for future communications.
1. You will get notice on the address whoch will be mentioned by the appeallant in the appeal.
2. If you file the caveat then your lawyer will receive the copy of the appeal before its filing, but in criminal cases there is no provision of filing caveat.
3. You can change the address later, changing the address is not the issue.
Regards
Appeal would be served at address mentioned in appeal
2) if caveat is filed norice would be served at your lawyer address
3) court summons would be served at address mentioned on complaint
You cannot directly file a criminal complaint in the court before exhausting the remedy through police.
If the police is not cooperating then you may approach court seeking direction to police and suitable remedy.
The summons in the criminal court are usually sent through police after the police files charge sheet before the court.
Before that the accused will be on bail once the FIR is registered.
If the accused prefers an appeal against the judgment then the high court will send notice through post to the respondents.
1. The notices will be sent to the address what is given in the case file
2. Your lawyer is right.
3. The summons will be sent to the available address only.