Unusual happening
Mr. Hitendra Shah
(Querist) 05 June 2012
This query is : Resolved
On 11/4/2012, in my mother's case, the case was adjourned on 18/5/2012. On 01/05/2012 (on Maharashtra or Labour Day) the police came to my mother place to give her summons to appear before the court on 02/05/2012. On 02/05/2012 my mother appeared before the court. The court informed to my mother that she will have to hire an advocate to argue. My mother informed that as she can not hire advocate, the Hon. Magistrate must apply his mind and take the Cognizance of the offences of the accused. The court gave the next date on 11/05/2012. On that day the court said Order will be issued on 01/06/2012. on that day the Hon. Magistrate said that process is issued against the accused and gave next date on 22/08/2012. My mother has to collect Summons against accused from the court in the nest week.
I would like to know from the Experts on which circumstances the court can call the complainant earlier than the date given? In my mother's case, she was given a date on 18/05/2012 and she was called in the court on 02/05/2012 by sending her summons. Can my mother ask the court to give explanation and reasons of this incident?
PARTHA P BORBORA
(Expert) 05 June 2012
your question is not clear buddy. I think your mother is the complainant of the case and court summond her to explain any confussion or doubt before taking cognizance and issue of process. As the court has take cognizance and issue process against the accused you should submit the process fee and the summons in the court as soon as possible.
Mr. Hitendra Shah
(Querist) 06 June 2012
What will be the amount of Process Fees roughly? What is the time limit to pay it? Why this charge is taken? If the Complainant is financially weak, what she should do, how she can get relief?
PARTHA P BORBORA
(Expert) 06 June 2012
the fee may be different in different states. But how far my knowledge goes it is RS. 2.00 per summons( In my State).
you should deposit the process fee Along with summons as soon as possible so that the summons may be served before 22~ 08~12 which is fixed for appearance of the accused.
you have to pay the process fee as your case was not instituted on police report, it is a private complain.
you may file an application before the legal aid cell of your locality if the complainant is not financially sound.
