Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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ipc 172 and 173

Querist : Anonymous (Querist) 12 November 2010 This query is : Resolved 
where wife is not receiving summons or notices of court and running away or managing to the polices who r going to serve the same on her to attend the court in 498a case-

is is possible to file a criminal complaint against her under sections 172 and 173 of ipc?
Querist : Anonymous (Querist) 12 November 2010
please read above questions with the said sections given under-
Section 172. Absconding to avoid service of summons or other proceeding


Whoever absconds in order to avoid being served with a summons, notice or order, proceeding form any public servant legally competent, as such public servant, to issue such summons, notice or order, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;

or, if the summons or notice or order is to attend in person or by agent, or to 1[produce a document or an electronic record in a Court of Justisce], with simple imprisonment for a term which may extend to six month, or with fine which may extend to five hundred rupees, or with both;

Section 173. Preventing service of summons or other proceeding, or preventing publication thereof


Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order,

Or intentionally prevents the lawful affixing to any place of any such summons, notice or order,

Or intentionally removes any such summons, notice or order from any place to which it is lawfully affixed,

Or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made,

Shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;

Or, if the summons, notice, order or proclamation is to attend in person or by agent, or 1[to produce a document or an electronic record in a Court of Justice] with simple imprisonment for a term which may extend to six month, or with fine which may extend to one thousand rupees or with both.



aman kumar (Expert) 12 November 2010
whatis the quree??????
Querist : Anonymous (Querist) 12 November 2010
wife is not receiving summons as she must be give witness in court u/s 498a ipc

she is not attending and co-operating to settle the process of law

is is possible to file cirminal compaint against her u/s 172/173 ipc?
Querist : Anonymous (Querist) 13 November 2010
who is ready to reply?
Khaleel Ahmed (Expert) 18 November 2010
Need not necessary to file criminal case against you, certainly court will acquit you for her non appearance.


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