Time limit for issuing summons
VIVEK
(Querist) 30 September 2014
This query is : Resolved
Dear Sir,
I am an NRI & had filed a private complaint u/s 190(c) Cr.PC in the month of March 2013 and the JMFC(Changanacherry, Kottayam Dt, Kerala State) had ordered and inquiry and subsequently Local Police IO had filed a charge sheet u/s 406,420,193,466,34 against 4 accused before the same JMFC in the month of November 2013. Then the court took cognizance of the offence u/s 406,420,193,466,34 on 8th November 2013, and ordered to issue summons to all the accused and posted it to 18/4/2014. However, the Judge was transferred and the new judge has taken over the case. It has come to our knowledge that all the accused and the defense counsel are using delaying tactics and as of date the charges have not been read out and summons are not issued to all the accused. Kindly provide me legal advice to speed up the trial so that I can advice my counsel accordingly.
Thank yoi
adv. rajeev ( rajoo )
(Expert) 30 September 2014
If summons are not issued then submit before the court regarding the delay by the office staff to issue summons.
Rajendra K Goyal
(Expert) 30 September 2014
The defense counsel can not delay the matter to unlimited time. Your counsel may follow with office staff, prey court against such tactics.
R.K Nanda
(Expert) 30 September 2014
change ur lawyer.
BAALASUBRAMANNYAMM
(Expert) 30 September 2014
You should have to have personal interest in serving the summons, with the local police personal, if the court ordered summons. It is not correct to have such type of doubts, at the initial stage of your case.
P. Venu
(Expert) 01 October 2014
What is the stage in the matter? Has the Court directed issue of on-bailable warrants?
VIVEK
(Querist) 02 October 2014
It is learnt that the court had issued warrants 3 month ago when the accused did not attend the court. However, Defense counsel made a petition a week ago apologizing for not attending the court and requesting for an an earlier hearing date to avoid warrants. It is learnt that it has been posted to some time next month.
P. Venu
(Expert) 02 October 2014
Pl. have patience. The courts in Kerala and their procedures are fairly efficient.
P. Venu
(Expert) 02 October 2014
Pl. have patience. The courts in Kerala and their procedures are fairly efficient.
T. Kalaiselvan, Advocate 
(Expert) 05 October 2014
From outside it may appear to be an inordinate delay but when you probe the facts you will come to know the reasons are beyond ones control, so better cope up with the court procedures.
