Summon response from raj sir
wifebetrayed
(Querist) 19 December 2011
This query is : Resolved
If the accused is availing anticipatory bail then police has to ensure the presence of the accused person on the day of its filing charge-sheet and thus notice is issued by police authorities and not by court and if after obtaining bail, the accused jumps it then NBW are issued by court and are complied by police authorities. There is no ocassion to summon the accused in these circumstances but it complaint has been prima-facie accepted then the notice has to be sent by court to the accused person through its summoning agency.
i can understand police not issuing summon, but how will husband know he is required to be presense in court on a particular date. no notice,phone call, or sms
how wud police ensure the presence of the accused person on the day of its filing charge-sheet and what notice is issued by police authorities
any action against police for misleading court?
Raj Kumar Makkad
(Expert) 19 December 2011
As you narrated, police has to issue notice to the accused person to come present on the day of its filing charge-sheet and if do not come present, then his NBW are issued and court has to direct the police to arrest such accused person.
Police has to issue a summon in writing to the accused person intimating his presence on a particular day when investigating officer shall put his final report before the trial court. If police has not issued such notice and has fradulantly or carelessly misled the court about the issuance of such notice due to which the accused has to face arrest and subsequent bail then the accused person has got a legal ground to challenge the action of the police authorities. He can not only file an application under section 340 criminal procedure code against the erring police officials but can also file a separate criminal complaint.
I think your query is repeated even then I have paid much care as per my knowledge.
wifebetrayed
(Querist) 20 December 2011
thanks for your response and sorry for repetion
laws are good, but exceution depand on how much money is paid to police office.
I did not receive any notice written or verbal, but was marked absent in court.
based on your response. I would try to get details summon which was showcase in court of law.
Shonee Kapoor
(Expert) 20 December 2011
You can go for recall of NBW as no summons were served on you.
Ask your advocate to check on the file what the report says.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 05 January 2012
"laws are good, but exceution depand on how much money is paid to police office.
I did not receive any notice written or verbal, but was marked absent in court."
can u pl send me case no. , court & part details??
