Summons

raju (Querist) 13 October 2021 This query is : Resolved
Summons issued to witness in criminal case by ordinary process and also dasti. Witness evading the summons. Can I send these summons by post which was given as dasti.

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This discussion addresses the challenges of serving summons to a witness who is actively evading them in a criminal case. While sending summons by post might seem convenient, court permission is generally required, and service is typically handled by the police. If a witness wilfully evades service, filing an affidavit to request bailable or non-bailable warrants is a potential legal recourse.

kavksatyanarayana (Expert) 13 October 2021
What is the opinion of your own counsel?

Advocate Bhartesh goyal (Expert) 14 October 2021
No, For sending summons by registered post to witnesses, you have to seek permission from court.

SHIRISH PAWAR, 7738990900 (Expert) 14 October 2021
Hello,

Yes, you have to seek court permission. Usually, the summons is sent through the police only.

P. Venu (Expert) 14 October 2021
Yes, in criminal cases, summons is sent through police only. What is the context for this query?

raju (Querist) 14 October 2021
Witness called for which court issued process by ordinary and dasti. Witness evading the summons for which difficult to prove in court whether served or not.

P. Venu (Expert) 14 October 2021
If the witness is wilfully evading summons, an affidavit could be filed in the Court seeking issue of bailable/non-bailable warrants.

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