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.

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


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