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Home > Experts > Criminal Law > Issuer of summon to accuse in case of 498a after chargesheet



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Issuer of summon to accuse in case of 498a after chargesheet (Criminal Law)

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This query is : Resolved


Author : Never Give Up

Posted On 15 March 2012 at 11:54

Hello Experts,


I have a query regarding summons for 498A cases. Who issues summons to accuse in case of 498A after chargesheet has been filed ? Is it Investigating officer (police) or court personnel ?



Generally how long does it take to get summons after chargesheet has been filed ..Its been 2 months since chargesheet is filed and we have not received any summons yet.



Thank you.



Regards

A1(498A)
P.S. My intention is to start trial of the case as soon as possible.




Expert : Deepak Nair

Posted On 15 March 2012 at 12:16

Only the Court have authority to issue summons and warrants.
How can you be so sure that the charge sheet is filed??



Author : Never Give Up

Posted On 15 March 2012 at 12:25

Deepak ji,

Thank you for the reply.

IO informed us that chargesheet has been filed.



Expert : Deepak Nair

Posted On 15 March 2012 at 12:50

Then it is better to appoint an advocate and find out the details of the case from the court.
Sometimes, the summons sent by the court are returned unserved for different reasons. Thus, it is advisable to do the needful without wasting time.



Expert : Shonee Kapoor

Posted On 15 March 2012 at 13:51

Court issues summons to the accused for their presence.

As advised, now the next steps would be to argue during framing of charges followed by evidence.

Better appoint an effective lawyer.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com



Author : Never Give Up

Posted On 15 March 2012 at 13:59

Thank you Experts.



Expert : Ajay Bansal

Posted On 15 March 2012 at 15:05

Only court can issue summons.



Author : Never Give Up

Posted On 16 March 2012 at 10:11

Thank you Experts.



Expert : Shantilal Pandya

Posted On 19 March 2012 at 07:46

The court issues the process. may be delayed or may be service problems for delays, accused can file appearance without waiting for service of process.


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