Proceeding in criminal complaint
sandeep rane
(Querist) 15 October 2012
This query is : Resolved
I have file a case in metropolitan magistrate court under section 323,504,506 of I.P.C against two Accused.currently I do not have Advocate and I wish to proceed my case without Advocate.I had issued Summon to the both the Accused two times .First time court do not accept the service of Summons because sumons was given to the ladies and both the Accused are Male.When I send summons second time, this time Accused no.1 Came and get bail on P.R. bond and Accused no.2 do not Appeared .Court do not Accept the service of Summon to the Accused no.2 because report said that Accused no.2 is not residing at the Address given in the Complain.I again issued summon to the Accused no.2 but this time also Report said that Accused no.2 has left this Room Address given in the Complaint two years before and therefor report said that Summon could not be service to the Accused no.2.
I know the other address of Accused no.2 which is different from the address given in the Complaint and I am not Sure that Accused no.2 is residing at that address and this address is of its parents.
I found in last three to four dates that Accused no.1 has neither appeared before the court nor his Advocate has appeared before the court since he get bail on P.R. bond and he has not taken any permission from the court to remain absent on the court dates.
I want know that what is p[ossible for me to do.
I want to ask to the court to cancel the bail i.e. P.R.bond of Accused no.1 since he has not appeared in court and want to know that how can Summon be service to the Accused no.2 .
I want to appear in the court on next day therefore please give me the information of any application and his Format which i can produce before the court to proceed in my complaint.
ajay sethi
(Expert) 15 October 2012
contact a local lawyer . better to engage a lawyer to defend your case . if 1st accused has not appeared for last 4 dates ask for issue of bailable warrant aginst accused . if he still not apopear then press for issue of non bailable warrant . '
if you have the address of his parents place wherein he is residing ask for issue of summons at said address .
MohammedRaffiq Bijapur
(Expert) 15 October 2012
U have take assistance of an advocate so that u could get rid of the court case early. if not u have go on making enquiry at every stage of the case.
Ajay Sethi sir has rightly advised.
Apart from getting issued NBW u can also add another IPC sec for having jumped the bail condition.
V R SHROFF
(Expert) 07 November 2012
U must take Advocate's help.
Arun Kumar Bhagat
(Expert) 10 November 2012
I want know that what is p[ossible for me to do.
I want to ask to the court to cancel the bail i.e. P.R.bond of Accused no.1 since he has not appeared in court and want to know that how can Summon be service to the Accused no.2 .
ANSWER : You can ask for issuance of NBW against accused no.1.For service of summons upon accused no.2, make a prayer for substituted service by pasting on the wall or hanging.
I want to appear in the court on next day therefore please give me the information of any application and his Format which i can produce before the court to proceed in my complaint.
Ans: There is no special format. make ordinary petition.
