Legal Question in Criminal Law in India

Details of the summons served by the court in Criminal complaint.

A Criminal complaint had been filed against me four & a half years ago and the trial is pending for recording evidence. Though the summons was sent to the complainant, he has still not appeared in the court. Now when I filed an application in the court for necessary steps to be taken, to my surprise all the summons sent to the complainant disappeared from the file and the hon�ble Judge questioned us that how can decision be taken when no summons have been issued to the complainant. So please advice what to do in this situation. How can summons disappear from the records. Can it not be traceable? Is there no practice of keeping inward/outward registers in the courts or in police stations where details of summons sent & received are recorded. If so please advise to obtain a copy of the same.


Asked on 9/19/02, 11:16 pm

2 Answers from Attorneys
Guna Shekaran Indolegal

Re: Details of the summons served by the court in Criminal complaint.

This must be the act of Complainant/his lawyer. Instruct your advocate to see the docket entry of the magistrate. Or other take fresh summons through speed post and face the trial if the complainant appears.

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Answered on 9/20/02, 4:50 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Details of the summons served by the court in Criminal complaint.

Normally all the steps taken in a proceeding before a Court of Law are recorded in a proceeding sheet or Roznama. Thus, issuance of summos to any witness is also recorded as same is in pursuance of the Order of the Court. Therefore, if you go through the Record and Proceedings of the case you may get all the details and information in this regard and you can also apply for and obtain certified copies of the same.

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Answered on 9/20/02, 1:00 am


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