Clarification about Summon and Sec. 323 & 353 of IPC.
Mohammed Vaid
(Querist) 24 September 2010
This query is : Resolved
My cousin is booked u/s 323 & 353 of IPC and at third attempt of bail application he got cash bail of Rs. 10,000/- after serving 3 days in Arthur Road Jail Mumbai (Judicial Custody). He was booked for harassment and stopping public bus conductor for discharging his duty, which is false.
However, he got first date from court, after getting bail, of 23rd Sept 2010. But when he went to his advocate;s office he asked him to go home and said that "when court will sned you summon you come to me with that letter and I will check it".
Here I want to know that: -
1. What is SUMMON?
2. Also does issuance of summon mean that the bail can get cancel?
3. Is there anyway to settle the case amicably? if yes, how to proceed and whom to approach?
Please do advice it would be great help.
Guest
(Expert) 24 September 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI).ADVOCATE
MOBILE.9271971251,9960223100
e.mail.nandkumarbs@sify.com
e.mail.advocatesawantnb@yahoo.com
REGARDING THE MATTER KINDLY NOTE THAT.
1YOU HAVE BEEN CHARGED UNDER SEC.323 AND SEC.353 OF INDIAN PENAL CODE.
2.YOU WERE IN JAIL FOR THREE DAYS AND GOT BAIL AFTER DEPOSITING CASH SECURITY IN COURT OF RS.10000/-
3.KINDLY NOTE THAT YOU HAVE TO CHECK AND CONFIRM NEXT DATE FROM THE CONCERNED COURT CLERK WHERE YOU APPEARED BEFORE THE COURT AND HAD SUBMITED CASH SECURITY.KINDLY FURTHER NOTE THAT YOU SHOULD REGULARLY ATTEND THE COURT DATES ORELSE CASH SECURITY DEPOSITED IN COURT WILL BE CANCELLED AND EVEN AMOUNT OF RS 10000/-DEPOSITED AS CASH SECURITY FOR ATTENDING COURT WILL BE SEIZED AND WARRANT FOR ARREST MAY BE ISSUED AGAINST YOU.
KINDLY URGENTLY CONFIRM WITH SAID COURT CLERK AND APPEAR BEFORE THE COURT WITH PROPER APPLICATION MENTIONING REASONS FOR NOT APPEARING ON LAST DATES PREFERABLEY SUBMIT MEDICAL CERTIFICATE AND WITH THE HELP OF LEGAL EXPERTS YOU CAN SUCCEED.PLEASE NOTE.
GOOD LUCK.
Guest
(Expert) 24 September 2010
FURTHER YOU MAY NOTE THAT SUMMONS IS A COURT LETTER FOR APPEARING IN COURT ON NEXT DATE.
YOU MAY FILE A WRIT PETITION TO THE HIGH COURT UNDER PROVISIONS OF SEC.482 OF CRIMINAL PROCEDURE CODE FOR QUASHING FALSE COMPLAINT AGAINST YOU.
YOU MAY KINDLY SEND DETAILS WILL HELP YOU.GOOD LUCK.
Devajyoti Barman
(Expert) 24 September 2010
The supreme court has held that the accused after getting the bail need not appear before getting the notice to receive the charge sheet. So your advocate is right. By summon he meant to say the notice to receive the charge sheet.
But , however, to remove any complication we advise our clients to make their appearance regularly whether they receive the notice for charge sheet or not.
R.Ranganathan
(Expert) 24 September 2010
I agree with Mr. Barman. If you have any doubts about your advocate's views, you can approach the court clerk and then decide yourself.
PARTHA P BORBORA
(Expert) 24 September 2010
In simple a summon is a notice seeking appearance of an accused before a criminal court during trial. summons are issued after submission of a Charge sheet before a court. So unless and until u received summons u need not appeared before the court.
Until and unless u received a summon in connection with a particular case, u need not appeared before a court. And without serving a Summon no court issues a warrant if the accused is already on bail. So don’t worry and wait until u received the summons.
adv. rajeev ( rajoo )
(Expert) 24 September 2010
after filing the chargesheet bys the police summons will be sent to the accused to appear before the court and to answer the charge. in common language summons means notice.
s.subramanian
(Expert) 25 September 2010
I agree with Mr.Borbora.
Ajay Bansal
(Expert) 27 September 2010
I agree with Borbora.
