Quashing of summoning order
Harsh
(Querist) 08 August 2013
This query is : Resolved
Hi to all experts.my query is as follow:
1.I WANT TO CHALLENGE A SUMMON ORDER OF LOWER COURT IN 138 NI ACT MATTER.
2.I HAVE NOT APPEARED BEFORE THE LOWER COURT TILL DATE.
3.I HAVE A VERY SOLID GROUND TO CHALLENGE THE SUMMON ORDER OF LOWER COURT AND GET IT QUASH.
4.I HAVE ALL THE DOCUMENT COMPLAINT COPY WITH ALL EXHIBT,NOTICE COPY AND SUMMON ORDER.ALL THESE DOCUMENT ARE WITH ME BY THE HELP OF AHLMAD IN AN UNOFFICIAL MANNER
MY QUERY IS THAT WHETHER I CAN CHALLENGE THE SUMMON ORDER WITHOUT APPEARING BEFORE THE LOWER COURT???IF I CHALLENGE WITHOUT APPEARING WILL HIGH COURT ASK ME FROM WHERE YOU GOT ALL THIS DOCUMENT OF COURT WITHOUT APPEARING IN THE COURT ???
Pls help me out as I am not willing to appear before the lower court and challenge the summon order directly as I have very solid ground in 138 ni act to get the summon order quashed.
lingraj maradi
(Expert) 09 August 2013
it is not necessary to appear, you have remedy to approach directly high court through petition u/s 482 of Cr.P.C
prabhakar singh
(Expert) 09 August 2013
WILL HIGH COURT ASK ME FROM WHERE YOU GOT ALL THIS DOCUMENT OF COURT WITHOUT APPEARING IN THE COURT ???
Answer:Tell me 1/1000000000000000 reason why should it not ask?
Devajyoti Barman
(Expert) 09 August 2013
You can either appear in court , obtain bails and then go for quashing
or
go to high court straightway.
Rajendra K Goyal
(Expert) 09 August 2013
Well advised by the experts. Nothing more to add.
ajay sethi
(Expert) 09 August 2013
appear before lower court . contest case on merits . better consult a local lawyer before trying to challenge issue of summons . you may feel you have a strong case but let your lawyer decide
Raj Kumar Makkad
(Expert) 09 August 2013
You cannot directly appear before high court without getting regular bail and moreover the summoning order is not a punishment. Nowadays, the approach of the courts has changed. Le the pre-charge evidence come on file.
