Provision to change address of Accused on record
Srikiran Raghavan
(Querist) 10 July 2009
This query is : Resolved
A criminal complaint had been filed against various Accused more than a year and a half back.
The Hon'ble Court passed the order to issue process only a week back.
It has come to our knowledge that one of the Accused has changed his / her address since the time the complaint was filed more than 1 1/2 years ago.
We filed a normal application to change address of this Accused during Summons as well as amend the contact address on record.
The Learned Judge has stated that in the application it is necessary to state under what provisions of CrPC or based on what citations such change of address and amendment of record is being asked.
Kindly provide some references in this regard.
PARTHA P BORBORA
(Expert) 10 July 2009
send the summond to the original address of the accused and if the accused has changed his place of residence police will retun the summons as not served along with a report that the accused has changed his place of residence. thereafter u should file an application seeking permision to serve the summons to the new addres of the accused.
Jayashree Hariharan
(Expert) 10 July 2009
only in civil cases, you have to file an application for such amendment. There is no such provision in criminal complaints.
As said by Mr. Borbora, the opinion of the police will suffice.
Srikiran Raghavan
(Querist) 11 July 2009
Unfortunately the Accused is staying outside the city limits of the Court under whose jurisdiction this case has been filed. As per procedure, we have been told that the summons will have to be sent via RPAD. What is the situation in this case?
