SUMMONS
Querist :
Anonymous
(Querist) 06 December 2010
This query is : Resolved
What is the court procedure for preparation and service of summons? As per law does the complainant has any role in the preparation of summmons?If so relevant Act or rules in which the procedure is defined may please be intimated.
Guest
(Expert) 06 December 2010
Cr.P.C. SEC/ 61. Form of summons.
Every summons issued by a court under this Code shall be in writing, in duplicate, signed by the presiding officer of such court or by such other officer as the High Court may, from time to time, by rule direct, and shall bear the seal of the court.
SEC 62. Summons how served.
(1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the court issuing it or other public servant.
(2) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons.
(3) Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.
ALSO SEE SEC 63 TO 69 cr.p.c.
SAANJAAY GUPTAA
(Expert) 06 December 2010
Mr Ajitabh clears it very well, do accordingly
Advocate. Arunagiri
(Expert) 06 December 2010
Procedures are well clarified by Mr.Ajitabh.
The complainant has to file a process application to the magistrate, for each and every parties.
