Sorry, this lawyer can't accept your request, but you can request consultation with another lawyer
  • Service of summons in criminal case

These questions have been answered.

"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."

"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?"

Please respond to the below questions.

The only reason I will have to change my permanent address is because I don't want an official from court to land up there with court summons whenever the appellant appeals in the high court.

1) If i change my permanent address at later stage then also can the appellant use that address or is he bound to use the updated one at the time of appealing?

2) Can aadhar card, instead of passport be used as an address proof in the complaint?

3) Still there is confusion regarding the mode of delivery of summons. When the accused appeals, how will the summon come? Via post or local official if it's in a different state?

4) If the lawyer files Caveat petition then that means we will not get any summons at any of the addresses? Only the lawyer will get notice?

5) There isn't any provision wherein i can request the court to send summons at my local address?

Thank you so much.
Asked 8 years ago in Criminal Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

7 Answers

1. if they prefer any appeal in higher court you will get notice of appeal through post only at the address mentioned in the suit.

2.Yes, it is right.

3.You can inform the court about the change of address. If cavet is filed then notice would issued to advocate's office only.However do note that Caveat can not be filed in criminal case.Only in civil case it is filed.

4.It can be issued in both addresss.

5.No, you can not unless your present address is informed to the court through proper procedure.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1) you have to inform appellant of your change in address request him to serve court proceedings at your changed address

2)aadhar card can be used as address proof in complaint

3)if caveat is filed then lawyer would get notice

4) summons can be sent to you by post

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

1. The appellant will mention only that address which is within his knowledge.

2. Aadhar card can surely be used.

3. If the correct address of the respondent is not known to the appellant then he can mention the last known address, whereupon the court may order newspaper publication of the summons. If the respondent does not appear to contest the appeal even after newspaper publication then the court can proceed ex parte.

4. Filing of caveat does not imply that summons are not to be sent. On the contrary, it obligates the court to issue summons before passing any ex parte adverse order. However, if the address of the the respondent is not known the court will order newspaper publication.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1) summons would be sent at address mentioned by complainant in the complaint

2)he can choose address as per his knowledge

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Once both addresses are mentioned then the party is bound to send summons in both addresses. However if you have replaced the old address with new address then on the new address only the summons will be served.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

First of all you should understand the fact that the criminal complaint cannot be filed before the court directly without approaching the local police.

If the local police is not effective or not responding or not cooperating then after exhausting the remedies in the local, you may aproach court with a petition under section 156(3) cr.p.c. In that also it will depend on what address you furnish in the complaint.

The police after investigating the matter the police may file the case before the jurisdictional court.

After that the case will run for years and once the accursed is convicted, then he may decide about preferring an appeal against the judgment. All these will take years.

Once he prefers an appeal, then the high court will send notice to the respondent police through local police and the defacto complainant by post.

Therefore your worries at this stage is baseless and also if you do not want to give the current address, nothing prevents you from furnishing the permanent address at a later stage too.

As your lawyer suggested, if the case in the trial court is disposed and a judgment is in your favor, then you may file a caveat petition before the concerned court with whatever address you are residing in that stage.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

We have been told that whichever addresses we mention in the complaint, the appellant will choose from them only. He can either choose the address mentioned in the aadhar card or my local address. Is this true? Or can he choose any address within his knowledge?

You canot predict what is in the mind of the accused in this regard.

He may choose to mention the address whatever is available before him and it is not necessary that he has choose the address of your choice.

Your worries about a later date situation (may be after years) now itself that too even before lodging a complaint looks unnecessary and may be you will be deviated from the main line because of such petty issues.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer