Procedure to issue summon outside india

Querist : Anonymous (Querist) 17 February 2018 This query is : Resolved
I am an Indian working in Dubai. I am one of the accused in a false criminal case 504/34 and claimed that I called over the phone and threatened him. The judge has issued non bailable warrant. I have never received summon as I am outside India. I came to know thru co-accused.The person who filed complaint didn't provide basic info such as date /time of the call and didn't produce any proof except a false witness. I never called. The intent here is to harm me financially.

- Has court followed proper procedure to issue warrant against non resident indian? are they supposed to issue summon thru external affairs ministry first? What legal steps I should take now from outside India?

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Sudhir Kumar, Advocate (Expert) 18 February 2018
Has court followed proper procedure to issue warrant against non resident indian?

YOU HAVE NOT DESCRIBED THE PROCEDURE FOLLOWD AND YOU WANT A DECISION WHETHER THE PROCEDURE WAS PROPER OR NOT.

Sudhir Kumar, Advocate (Expert) 18 February 2018
are they supposed to issue summon thru external affairs ministry first?

NO SUCH STIPULATION YOU WERE NOT ON DIPLOMATIC SERVICE ABROAD.

Vijay Raj Mahajan (Expert) 18 February 2018
The court summons for both civil as well criminal cases are sent to the respondent/accused as the case may be through the Ministry of Law, Ministry of External Affairs and Indian Consulate in the foreign country where such person is living at that particular time.
Why the process not followed in your case is matter to be checked from the court records. Secondly in your case the chances that you may be living outside India but your local residence address must be on the record where the court summon must have been sent and on your non-appearance the court ordered for warrant against you. You should engage local advocate to look in to the case file and file vakalatnamma on your behalf so that the court may not declare you Proclaimed Offender on next date and order for Look Out Notice for you, in such case bigger trouble will lie for you in future when you land in India.

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Sudhir Kumar, Advocate (Expert) 18 February 2018
What legal steps I should take now from outside India?

YOU HAVE STATED NO FACTS OF THE CASE.

Guest (Expert) 18 February 2018
Great academic question!

Do you feel the experts as spokes persons of the judge issuing summon against you to clarify whether the court followed proper procedure or not?

Querist : Anonymous (Querist) 18 February 2018
Thanks Mr. Mahjan. Your advice is very helpful.

Dr J C Vashista (Expert) 19 February 2018
If you are seeking obligation of experts FREE OF COST you will have to disclose your identity as per rules of this platform, no reply for an "anonymous" author, otherwise consult a local prudent lawyer.

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