Service of sommon

Querist : Anonymous (Querist) 05 September 2011 This query is : Resolved
i have a complaint of omestic violence Act, opponent no-1 is husband and reside in canada, and other respondent reside in india . How i can serve summon to opponent no-1 at canada? pl. explain the procedur relating to service summon at foreign country in criminal matters.

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Devajyoti Barman (Expert) 05 September 2011
No special procedure is required. Send the notice through India Post.
Moreover his relatives having been received the summons he would also be deemed to know about the pendency of the case.

prabhakar singh (Expert) 05 September 2011
Mr.barman is right.

PARTHA P BORBORA (Expert) 05 September 2011
the procedure to send a summon of a criminal case outside the local jurisdiction of the issuing court, is clearly mentioner in Section- 67 of the Code of Criminal Procedure as----

"......... when a court desires that a summon issued by it shall be served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a magistrate within whose local jurisdiction the person summoned resides"

in your case the accused resides at Canada, so; the court which issued the summons may send it to an appropriate authority of Canada for service of the summons through respective High Commissioner .

Raj Kumar Makkad (Expert) 05 September 2011
I do agree with Partha. It is the trial court, which is supposed to issue summons so you only file the case and rest leave upon court.

SAANJAAY GUPTAA (Expert) 06 September 2011
You seek permission from court to send summons through india post at your cost and if allowed, send it for service.

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