Yes the court directs to issue summons to the accused generally the summons through court takes time so you could have asked for the direct service. Also on refusal or non attendance of summons for 2 times there can a non bailable warrant from the court and the police has to produce the said accused before court to execute warrant.

you can take a certified copy of the summon records from court and can peruse reason why there is no attendance and service of summons done or not, if summon goes unversed or the person is escaping summons for several times request court for a warrant.

There is no time frame that court should frame issue in the issues are integral part and are formed after reading plaint written statement and hearing both lawyers so if there is urgency as to matter kindly seek any interim order from court to protect your interest.

Hi Dear client

See in criminal cases you need to follow up the case should go and ask in the pending whether the summons is served to him or not whether the serving officer is taking any money from accused and not serving the summons to accused, see their are many gimmicks can be done in criminal cases so I suggest you if you know where accused resides just take hand summons and serve and come to him. Then will know what’s happening or his not in his residence or his absconded or whatever may be the reason you need to follow up the Case till accused comes to the court.

Next coming to the civil case regarding issues see when issues still not framed by the court tell your Advocate to make submission before the court from last 6 hearing dates it’s only going for issues so make submission that this Hon’ble Court may frame the issues then Court will surely frame issues and post it for plaintiffs evidence.!

For further details call me ?

Dear sir

You need to take steps to serve the summons. Your trial will start only once the Summons are served. We have agency to search for him and to serve the summons. Approaches for serving of summons.

In civil cases the issues are framed once the written statement was filed. We need to look into the facts of the case to understand better why the framing of the issues is getting delayed.

Feel free to reach us for better service.

Dear Client,

Under what section case is filed.

Show me order sheets,

Send notice through registered post on last known address of accused, court will considered compliance of notice even if, accused not appeared.

Contact for Supreme Court Judgement.

As regards the the Civil Case, you have the option to approach the High Court and seek expedition of this case.

As regards to the criminal, I'll advise you to get the file inspected the file through an Advocate so as to get information regarding the status of service of summons.

- Without the proof of the summons , court cannot proceed for further trial against the accused.

- As per you, six times summons sent to the accused ,but the accused avoiding to appear before the court. But it is looking that till date the accused has not been served because after service ,if accused failed to appear ,then court will issue warrant against him.

- You should firstly check the court file for knowing the details of service upon the accused with the help of your lawyer.

- If , there is no report in the court file and the address of the accused is correct to your knowledge, then request your lawyer to move an application for appearance and warrant supporting with an affidavit , after narrating that repeated number of times summons sent on the correct address of the accused.Court will issue warrant against the accused for the next date of hearing.

Civil Case:-

- After filing your civil case, the opposite party filed his reply by way of Written Statement.

- Further you was given time for filing Replication for the said written statement. If your lawyer has already filed the same , then the date is fixed for Framing of Issues.

Hence, if above pleadings completed then the time will come for framing of Issues. and there is no time fixed for the same , it depends upon the court time factor and availability of judges.

If, you are facing trouble for the delay in proceeding , then you should move an application under section 151 CPC with prayer of Framing of Issue on an early date .

You will get relief .

Good Luck and dont forget to positive Rating dear

1) check the court records whether summons have been served upon accused or not

2) it may be that summons have been served but accused is not appearing

3) in such case apply for bailable warrant gainst accused

4)issues should be framed in 2 dates or so

5) civil suits take 10 years to be disposed of

6) criminal cases also take 10 years or so to be disposed of due to heavy backlog of cases

1. Unless and until summons are served court can't take coercive measures to ensure attendance of accused persons.

2. Summons can be served by both police and india post. So check whether both these mides if service was adopted or not.

3. Only after issues are framed the suit would be put to trial. To expedite framing of issues you may submit to court your suggested issues.

4. Trial in indian courts take time. So please keep patience and keep track of the cases.

As the cognizance has been taken by the court and summons had been issued and the accused persons are not appearing in the court you need to pray to the court issue non bailable warrant against the accused persons so that they can be produced in the court by the police

You need to check that accused was served with summons. Need to check what report you get after that only the further course of action can be determined. If it's not served you can serve with alternative course or action like pasting and publication. Issues are framed in single date later it takes time to proceed with the trial.

In the case of civil case you may approach the HC to get the process expedited.

For criminal case ask the court to issue a non bailaible warrant against the accused

Regards

Hi, if the accused do not appear non -bailabe warrants shall be issued to compel his appearance .. If he still evades he Shall be declared a proclaimed offender ..

The summons in criminal cases are usually being sent through concerned police.

As a defacto complainant you cannot question this because you dont have any business in the court since it is a state prosecuted case and dealt by the assistant public prosecutor.

In civil cases the courts may take one year or more for framing of issues depends on the burden of pending work awaiting to frame issues before the said court

Dear Sir,

My answers are as follows:

Are summons really being sent to the accused? Does it mean that summons sent to the accused didn't reach or were avoided 6 times? How many times the accused can avoid the summons and how long he can avoid to appear in court? What can i do to speed up the trial.

Ans: The Court might have reissued summons each time but yourself and your advocate might not have done follow up work. You must have seen endorsement of concerned police as to why it was returned back. If address was insufficient then provide full address. On your request, if it is a private complaint summons may be handed over to you to serve upon the accused with active assistance of local police and a direction will be given by the Court to the police accordingly.

I have also filed a Civil case against the same person against whom criminal case was filed. Again from last 6 hearing the status is "ISSUES". How long it takes for the court to frame the issues? Is there anything we can do for the speedy court trial.

Ans: If due to heavy work the Court is unable to frame issues, then your advocate may file draft issues and request the same to accept the same subject to objection of the other side. In the meanwhile ask your advocate to file an application under section 151 CPC enclosing the following rules which mandates to dispose civil cases between 9-24 months depending upon nature of the suit or you may approach High Court and take a time bound disposal direction from it against the Lower Court.

Karnataka Case Flow Management Rules

Similar Rules are framed by all the High Courts

the Karnataka High Court has launched the Case Flow Management system.

The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.

It divides cases into four tracks.

Disposal in 9 months:

In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.

Disposal in 12 months:

In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.

Disposal in 24 months:

Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.

Disposal in 24 months:

Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.

The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.

The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.

http://www.judicialreforms.in/forums/showthread.php?tid=63

You can go and meet the public prosecutor and find out progress in your case

If accused has failed to appear inspite of service of summons court can issue bailable warrant against the accused

SS- Summons Stage

HBC- Hearing before Charge

Call On- For appearance of all parties before Court to check the appearance and status.

PO is on CL - menaing thereby Prosecutor on Leave.

If summons are returned unversed twice the court shall on request of prosecution issue non-bailable warrant. you can visit PP office in court for further clarification.

You can appoint an advocate to assist the public prosecutor and also guide you in the case you can seek meaning of these words from the Court staff or local lawyers

Public prosecutor will file application for warrant in this case. you need to file all applications through public prosecutor. You can ask the public prosecutor about the status of your case.

Please contact a local lawyer who may tell you the meaning of such abbreviations

these abbreviations are not uniform through out the country and varies from court to court

Regards

Since this is a state prosecuted case you cannot make any request to court to issue a warrant.

It is the duty of the police to serve the summons.SS means service of summons, call on means adjourned to some other date, PO is on leave means presiding officer is on leave.

Please be aware that public prosecutor will not update any information about the pending cases to the complainants, if you're interested to know the progress of the case you only have to contact the PP or the concerned police.

Dear Sir,

You seems to be complainant. If your question is not clear we cannot answer on assumptions and presumptions. Every Criminal Case will be treated as State case and handled by public prosecutor. You may contact him for updates. SS means Summons to be issued. HBC means Hearing Before Charge. Thus if accused do not appear then the Court will receive exemption petition under section 205 and 309 of Cr.P.C. you may engage your counsel to assist public prosecutor under section 300 Cr.P.C.

CrPC 302: Section 302 of the Criminal Procedure Code

Permission to conduct prosecution

1. Any Magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person other than a police officer below the rank of Inspector; but no person, other than the Advocate-General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to do so without such permission:

Provided that no police officer shall be permitted to conduct the prosecution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted.

2. Any person conducting the prosecution may do so personally or by a pleader.