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Police dept not serving the summons to the opposite party

(Querist) 03 August 2015 This query is : Resolved 
Hello all,

Chief Judicial Magistrate has issued summons to the opposite party in the Cheating & Fraud Case under 420,406,504,506 & 34 case

Almost three dates (6 months duration) has been completed after that still no summons report has been delivered by belief / Police dept. or not the opposite party appeared in the court.

The hearing is getting postponed due to non servicing of Summon to opposite party. We already put the reminder to the judge & he reissued the summons which also not been served.

What can be the next step taken in this scenario?

What if the Summons is not served to opposite party? We are sure the opposite party is managing the police for not serving the summons.

Please advice.
P. Venu (Expert) 04 August 2015
The Magistrate is competent to ensure that the summons is served.

Simultaneously, you may also put a RTI query to the Police.
M/s. Y-not legal services (Expert) 05 August 2015
what is your magistrate doing while the summons not served mean? he not asking the reason with the police peoples?

and what your counsel is doing on hearing sir?
V R SHROFF (Expert) 05 August 2015
YOUR ADVOCATE MUST TAKE STEPS, GET WARRANT SERVED ON HIGHER AUTHORITY / POLICE
Dr J C Vashista (Expert) 05 August 2015
The magistrate can compel the accused to attend the court. Consult your advocate for further action to get the summons served.
SAINATH DEVALLA (Expert) 05 August 2015
Act according to the above legal experts.
Rajendra K Goyal (Expert) 05 August 2015
Ask your layer to take steps to protect your interest.
SAINATH DEVALLA (Expert) 05 August 2015
UR advocate has to more intelligent if he wants to do justice to his client. Every minute technical point will have an impact on the case.Better make him vigilant.


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