Form of summons.

pratik (Querist) 16 August 2010 This query is : Resolved
61. Form of summons.

Every summons issued by a court under this Code shall be in writing, in duplicate, signed by the presiding officer of such court or by such other officer as the High Court may, from time to time, by rule direct, and shall bear the seal of the court.

Query : Becasuse as per crpc section 2 doesn't define presiding officer nor the Indian Penal code so what do u mean by presiding officer & there rights they have the advocate whats a adjourment & if the presiding officer signs than can we say it is valid.

Thanks In Advance.

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SANJAY GUPTA (Expert) 17 August 2010
Presiding Officers are Magistrates of different courts, all the rights incurred by Magistrates are incurred by them as well, and whatever order passed by P.O. is judicial order and ofcource valid.

bhupender sharma (Expert) 17 August 2010
The word itself explicitly made it clear that a person who preside over the proceedings, menaning a person appointed by the High Court entrusted with the power to take record the evidence is the presiding officer thereby.Every court is not of original jurisdiction in criminal cases however section 3 of the code provides the hiarchy of the criminal courts. The court magistrate is the lowest grade court where a court after commission of the offence takes cognizance and all the summons and notices and other proceeding are signed. Moreso refer to section 21 of the IPC specilly the Cl 4th.