Public prosecutor issue summon
Querist :
Anonymous
(Querist) 10 January 2012
This query is : Resolved
i have not yet received chargesheet for my case. As per my lawyer cout is on vacation and i would receive it latter part of jan.
Case is in different city, when i asked details of summon which was issued by police/summon to compel my presense my lawyer said public prosecutor issue summon and he may not be aware of current address. I live in same address since marriage.
I feel my lawyer is not telling me the tell truth, does public prosecutor issue summon and what is happen if accuse is in different city, does that act as excuse to not issue summon and issue warrran.t
Deepak Nair
(Expert) 10 January 2012
A public prosecutor cannot issue summons.
If the court is vacant, the court which has the charge of the vacant court can issue summons, otherwise no summons will be issued.
Warrant will be issued only if the summons is not served.
Devajyoti Barman
(Expert) 10 January 2012
It depends upon who you are in this case.
If you are de facto complainant then it is the PP make ready for issuance of summons.
If you are accused persons then court issues summons.
prabhakar singh
(Expert) 10 January 2012
A public prosecutor has no right in law to issue summons. Without issue of summons no warrant is issued.warrant is issued only when summons are served but accused fail to attend the court,first bailable then non bailable.
Advocate. Arunagiri
(Expert) 10 January 2012
Magistrate is having all such powers to issue summons for summon cases and also for warrant cases.
Magistrate is having power to issue warrant, warrant case only.
Raj Kumar Makkad
(Expert) 11 January 2012
Your lawyer seems hiding various things from you. PP is not empowered to issue any summon to any of the parties to the case.
Querist :
Anonymous
(Querist) 11 January 2012
thank all you for your response and valueable time. I also see to agree with what raj sir has said, despite the case filed 1 year back, my laywerhas not provided me copy of complaint saying it is not important. Has not proivded me copy of chargsheet for last two month, when i enquired about the summon intially blamed as for not appreaing in court then said PP is responsible for issuing summon and he may not have our address of residence.
V R SHROFF
(Expert) 11 January 2012
Be on guard.
Personally go, and read all Papers in Court
know the status of your case.
All experst had given you hint, so follow it.
As rightly said, first summon, then bw then nbw.
Deepak Nair
(Expert) 11 January 2012
Well advised by Mr.Shroff
prabhakar singh
(Expert) 11 January 2012
Yeah!
Look even case has come before court or not??
Prabodh Shukla
(Expert) 11 January 2012
hmmm. another devil of our community making him fool, sorry on behalf of lawyers community ......
agreed with prabhaker sir ... it is possible that case not be listed befor court
Shonee Kapoor
(Expert) 12 January 2012
Agree with Ld. Mr. Shroff.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 14 January 2012
As this is criminal case against the author and he is attending each and every hearing so question of not having any case is not believable however you are again advised to change your counsel.
