Serving of summons to the complainant in state case under ipc 324/326 etc

arunkumark (Querist) 18 April 2013 This query is : Resolved
The complainant is avoiding to take court summons in state case ipc 326/324 etc filed in 2001 only to delay and give mental harassment to the accused.The complainant is appearing in the same court for deposing as witness in another private case filed by his wife.MY querry is whether i can request the court to issue the summons in the court itself when he will be present.What is the procedure and law please advise. I hope the complainant can not refuse the summons in presence of the magistrate.

Follow Query

Report Abuse

Adv k . mahesh (Expert) 18 April 2013
there is procedure to be delivered personally to him if he is not accepting then they will paste on his residence door

R.K Nanda (Expert) 18 April 2013
no,u cannot serve him in court.

elgin matt (Expert) 19 April 2013
Dear Anupama,

There are 2 ways by which summons are served one is by personal service on the party concerned and the other substituted service where a copy is posted on the house of concerned party. Both are seen as due forms of service. Many times parties try to evade service in which case one can bring these facts to the knowledge of the court and the court can direct substituted service as explained above.
Once after either form of service if the party doesnot appear the court has the can consider such act as a deliberate attempt not to appear by the party and therefore order conversion of summons to warrant of arrest. Adv. Elgin matt john,www.elginmattjohnandassociates.com, 9818732715