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Ipc 494, 109, 417, 34 and sec. 11 of hma

(Querist) 08 October 2012 This query is : Resolved 
I had filed private complaint at hon. JMFC court.

Taking cognizance of the offense, Process is Issued. Process fees is also paid by me.

hon. JMFC issued summons for my VOID wife & 6 other accused (her relatives) p/u/s 494 r/w 109 & 417 r/w 34.

Upon enquiry in the office of the court, I came to know that the summons are already sent by post on 24/09/2012.

Next Date = 22/10/2012.

Queries :

1) Is this summons sent directly to the postal address of the accused ?

OR

Is this summons sent to the police station / court of their jurisdiction & police / nazar will serve the summons to the accused ?

I am sure that the accused will try to avoid accepting the summons & delay the proceedings.
2) What remedy do i have if the summons are un - served till next date (22/10/2012) ?

3) Is there any way by which I can check the Service Report of the Summons ?

4) What can be done to expedite the process of serving the summons ?
(eg. in sec. 11 case, i had filed application to send the summons by RPAD so as to achieve rapid delivery of summons.)

5) What are the next stages after the summons are served ?

PS :

Sec. 11 also filed by me in hon. CJSD court in Dec. 2011.

Hon. HC has ordered to expedite the case and dispose off the case within next 6 months.

Issues are framed in sec. 11 case on last date.

I am told that - I am supposed to file my evidence affidavit on next date. But I want to suggest 1 additional issue.

6) So, is it OK if on next date, I file my evidence affidavit along with an application requesting the court to add the additional issue ?


I am also told that - I am NOT supposed to file list of witnesses.
7) Is this version correct ?


I have no words to say Thanx to LCI family.
ajay sethi (Expert) 08 October 2012
1)make enquires with the court staff how summoons have been sent .

2)you either collect the summons and serveit through local police station wherein they are residing or summons is sent by court and postal acknowledgement is received directly by the court

3)you have to wait for the report of service then decide next step .

4) you can apply for substituted service
Rajeev Kumar (Expert) 09 October 2012
No room left to add further in the reply of sethi.
R.K Nanda (Expert) 09 October 2012
no more to add.


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