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Shree. ( Advocate.)     20 December 2009

Summoms and warrants not served?

Generally, in Criminal Cases, summons and warrants are not returned served or
unserved, under the circumstances, what can be done in this situation?




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 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     20 December 2009

 If the accused is avoiding service of warrant then S. 82-83 of crpc provides for proclamation and attachment of the property of the accused.

kranthi kiran (Works In Judicial Department)     20 December 2009

If required, summons and warrants can be served or executed through a Advocate-Commmissioner or any officer appointed by the Court.. If the Police or Officer entrusted with the summon fails to serve or execute the summon / warrant, and files a report to the effect, that there is no chance of serving the summon or whereabouts of the accused are not known, then as stated by Archana Mdm, Court  can intiate 82/83 Cr.P.C Proceedings. Further Warrants can be issued to the surities. Even the surity amounts  can be confiscated.

Advocate.S.A.Siddiq (Advocate)     20 December 2009

Seek u/s. 82 of Cr.P.C proclamation order from court ...published  the order local news paper ...accused not appear..... than file application u/s 83 of cr.p.c with published matter  for property attachement.

After publication the accused not appear before court  file application for declaration of proclaimed offender... than file separate complaint with affidavit u/s 174 A IPC

Parveen Kr. Aggarwal (Advocate)     21 December 2009

The court has sufficient powers to initiate action against the officials deputed for service of summons and warrants and in such cases, it is for the party and counsel to press for initiation of such action to expedite and ensure that the summons and warrants are duly returned by such official timely before the date of hearing fixed.


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