Shantanu Wavhal (Worker) 08 October 2012

Ipc 494, 109, 417, 34 and sec. 11 of hma

I had filed private complaint at hon. JMFC court.

Taking cognizance of the offense, Process is Issued. Process fees is also paid by me.

hon. JMFC issued summons for my VOID wife & 6 other accused (her relatives) p/u/s 494 r/w 109 & 417 r/w 34.

Upon enquiry in the office of the court, I came to know that the summons are already sent by post on 24/09/2012.

Next Date = 22/10/2012.

Queries :

1) Is this summons sent directly to the postal address of the accused ?

Is this summons sent to the police station / court of their jurisdiction & police / nazar will serve the summons to the accused ?

I am sure that the accused will try to avoid accepting the summons & delay the proceedings.

2) What remedy do i have if the summons are un - served till next date (22/10/2012) ?

3) Is there any way by which I can check the Service Report of the Summons ?

4) What can be done to expedite the process of serving the summons ?

(eg. in sec. 11 case, i had filed application to send the summons by RPAD so as to achieve rapid delivery of summons.)

5) What are the next stages after the summons are served ?

PS :

Sec. 11 also filed by me in hon. CJSD court in Dec. 2011.

Hon. HC has ordered to expedite the case and dispose off the case within next 6 months.

Issues are framed in sec. 11 case on last date.

I am told that - I am supposed to file my evidence affidavit on next date. But I want to suggest 1 additional issue.

6) So, is it OK if on next date, I file my evidence affidavit along with an application requesting the court to add the additional issue ?

I am also told that - I am not supposed to file list of witnesses.

7) Is this version correct ?

I have no words to say Thanx to LCI family.

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2 Replies

Tajobsindia (Senior Partner ) 08 October 2012

1. For your colly. ques. Under 1 – You can contact Court Bailif during calmer hours of the Court and ask the procedure followed in your case file and request for expediting the same by giving you the name of the person whom you contact next for expediting J Normally 1-2 days before next date they submit Report but if you are already in tel. contact then you know what it means to you !

2. For your colly. ques. Under 2 – If you really think the additional issue is so great that the case will 500% turn in your favor then delay the HC instructions of 6 months by pressing the same and then opposite side will present their sides version and then court will sit on it and so on so forth will happen and then Court winter break is also there other than your lawyer and her layer's heart attack and your or her sides tummy ache and may be Ld. PO will also go on some or the other sick leave so on so forth and then you will come back here asking the HC gave lower Court instructions to finish case in 6 months but lower Court is not doing anything - thanks LCI please help me again. Hence in a way it is said you are master of your own case and for the same you should now take that call. Now as far as Evidence Affidavit is concerned which the Court has ordered you to submit you may do so after seeking self clarity on previous para suggestions. Witness List can be filed next accordingly.