Issuer of summon to accuse in case of 498a after chargesheet

This query is : Resolved 

15 March 2012

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.


P.S. My intention is to start trial of the case as soon as possible.

Deepak Nair (Expert)
15 March 2012

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

Never Give Up (Querist)
15 March 2012

Deepak ji,

Thank you for the reply.

IO informed us that chargesheet has been filed.

Deepak Nair (Expert)
15 March 2012

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.

Shonee Kapoor (Expert)
15 March 2012

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.


Shonee Kapoor

Never Give Up (Querist)
15 March 2012

Thank you Experts.

Ajay Bansal (Expert)
15 March 2012

Only court can issue summons.

Never Give Up (Querist)
16 March 2012

Thank you Experts.

Shantilal Pandya (Expert)
19 March 2012

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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