Summon and not warrant why?
Shakeel
(Querist) 26 September 2016
This query is : Resolved
My advocate has filed case u/s 406, 409, 420 R/W 506 of IPC. Court has been sending summon to accused on his address where he is not staying any more. Police is not showing interest. We have information that this person is hiding in Delhi. We have filed complain in Mumbai and this person and we are resident of Mumbai. Why court is not issuing arrest warrant even after one year of absence of accused?
Raj Kumar Makkad
(Expert) 27 September 2016
Ask this question to court concerned through your lawyer.
If you know that the accused is absconding in Delhi then get it effected through your personal efforts along-with rep of summoning section.
P. Venu
(Expert) 27 September 2016
It appears that you have not posted the complete facts.
Rajendra K Goyal
(Expert) 27 September 2016
If have, provide exact address of Delhi to court to issue summons.
Shakeel
(Querist) 27 September 2016
I don't know the exact address of his. This information is received from someone who knows him. But the point is that what steps needs to be taken if police is not taking interest to track him and summon him? Why court is not issuing arrest warrant instead of merely summon when the person is not appearing before court for past several months?
Devajyoti Barman
(Expert) 28 September 2016
Unless the court is satisfied with the service of summons or the effort of the accused to avoid accepting it, court will not issue W/A.
Rajendra K Goyal
(Expert) 28 September 2016
Police would not take steps till information is available with them.
Summon need to be served to proceed further.
Raj Kumar Makkad
(Expert) 28 September 2016
Warrants can be issued only if the accused has violated the notice/summon means he has not appeared despite of his service which is not in your case so the action of court is justified.
Raj Kumar Makkad
(Expert) 28 September 2016
If your known person knows the exact address of the accused person, take his help along-with the procedure already told to you.
Rajendra K Goyal
(Expert) 18 October 2016
Perfect advice from expert raj kumar makkad, agree to it.
