Notice details
wifebetrayed
(Querist) 03 January 2012
This query is : Resolved
hi
how can i get details of notice/summon issued by police to obtain my presense in court Under what section i can submit an application and what section it is duty of police to issue notice in writing
http://www.lawyersclubindia.com/experts/Summon-response-from-raj-sir-260856.asp
i was marked absent even though i did not receive any notice from police
Arvind Singh Chauhan
(Expert) 03 January 2012
You can file an questionnaire with required court fee.
Devajyoti Barman
(Expert) 03 January 2012
The case record itself provide such answer. The court can not record such remark unless it is satisfied about the service of summons.
First check the case record to find out the reason behind such noting.
Deepak Nair
(Expert) 03 January 2012
Get a certifiec copy of Roznama of the case. find out from the court records regardign the status of service of summons.
girish shringi
(Expert) 03 January 2012
Easy to contact the court with case no. the clerk will guide you.
Accordingly you do the needful.
If you are afraid to contact directly,appoint any junior advocate to get the details and do accordingly.
Raj Kumar Makkad
(Expert) 04 January 2012
As you were marked absent on the alleged day of your notice so first secure your bail and then raise such issue before the concerned court on the basis of record produced by police authorities in response to their claim of summoning available on court file.
wifebetrayed
(Querist) 05 January 2012
thanks for your response.
Got answer to part of the query,
i question is under what section it is duty of police to serve notice in writing.
I am in living in different state and address in know to police since I toOK AB and also my wife would have share my address.
I had receive call and blank sms from IO phone, which i have stored in phone.
so can police may say they informed me verbally or through sme instead of some written notice.
Shonee Kapoor
(Expert) 06 January 2012
CrPC 160.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services
(Expert) 06 January 2012
police can not send any written notice to you for appear before court., court only can issue that through police peoples.,
just police are doing the execution duty.,
-tom-
wifebetrayed
(Querist) 07 January 2012
shonee sir, ithought crpc 160 is for wintess only ofnot accused
decision of the Supreme Court in State represented by Inspector of Police and Others Vs. N.M.T. Joy Immaculate, AIR 2004 SC 2282, it has been held that Section 160 Cr.P.C. is not applicable to an accused.
please guide under which section it is duty police to service notice/summon/request for presense when chargesheet is presented against him in court based on 498a case.
Arun Kumar Bhagat
(Expert) 19 February 2012
Police have no duty to intimate accused about filing of Charge Sheet. It is the duty of court to issue notice for appearance of accused i.e. u/s 190 Cr.P.C.
