Legal Question in Criminal Law in India

Sub: whereabout of summons-b/w-a/w

Respected Sirs,

There are many malpractice in our judicial system where victim feels helpless and he is forced to do what is not his duty and requesting here and there with folded hands for getting done a lawful work. One of the example is: In a case u/s 138 Negotiable Instruments Act, the victim/complainant gives summon or baialable warrant or arrest warrant to be signed and sent to Police. Here, the victim/complainant can hand it over to court and can ensure that these were duly signed by the Presiding Officer of the court as noted on order sheet. But afterwards, these were sent to police (without entering in any register of court or to whom they were handed over i.e. without getting the receipt of concerned police employee), on the date of next hearing, some times these were got back either with duly served or non-served, but many a times there were not got back by the court i.e. no information of whereabout of these summons-b/w-a/w. When asked to advocates etc., they simply say this is routine, if you are really interested in getting them served, you should get those by hand and got served at your own level with maintaining relationship with police i.e. requesting police. Here, law abiding citizen can not agree as it was held by Hon/ble HIGH COURT OF ANDHRA PRADESH (in a citation, named Devi Pesticides Pvt. Ltd vs Sri Sai Balaji Fertilisers Decided On: 11.11.2002, MANU/AP/1264/ 2002) �The learned Magistrate should remember that it is the duty of the Court and the police to secure the presence of the accused in a case, and it is no part of the duty of the complainant to secure the presence of the accused.�

Now I want to know the step by step procedure accordingly law so that it can be found where is the lapses in summon etc. was not got back by the court either served or non-served.

What is the procedure and where it is written, where to read, I know the is academic query, still I am writing in the forum, because I want that these should be done as per the procedure laid down in law etc. because I want justice according to law.

What can be done to ensure so that all summon etc whether served or non-served should be got back at the court on hearing dates and if not got back who will be responsible and how?

Thanks,

Hoping to early response,

1 Answer from Attorneys

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