Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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jidda   02 September 2016

Awaiting summons - accident case sec 279,337,338,4

My car met with an accident in 2011 when a two wheeler coming from the opposite direction dashed against my car and the rider got injured. I admitted him to the hospital and went to the Police Station to file an FIR (as I had read this somewhere). The polics said since my car was the bigger vehicle an FIR will be filed by the police and I will be the accused under Sec 279,337,338,427. I was allowed to go home in the night (almost after 12 hours in the police station ) and told to report to the court in 3 days for bail. 
The two wheeler person was subsequently discharged from the hospital after treatment of his fractured leg. It has been 5 years and I have yet to receive any summons or hearing. When I look at the online status I can see the case as Pending and "Awaiting Summons". I have yet to receive the summons for a hearing.
What should I do in such a case ? Do I wait for the summons or go to the court on the next hearing without summons.



Learning

 5 Replies

Sandhya Srinivas (Advocate & Legal consultant)     02 September 2016

Awaiting summons means summons issued in your case and it has to be served to you and returnable on the hearing date. You can consult an advocate and find the reason for unserved summons by going through case file in court. Then decide to appear before court.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     03 September 2016

I concur with the advise tendered above. It best you approach a lawyer and try to arrive at a conclusion regarding why the summons are not being able to be served upon you.There could be some clerical error in the address tendered by the police to the court. Remember that a court case pending can stand in thr way of you travelling abroad or to apply for a job, no matter how trivial it may be.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

jidda   03 September 2016

Thanks Sandhya ma'm, Augustine Sir. I will look into this based on your advice instead waiting for them to contact me

jidda   06 September 2016

I consulted an advocate and she advised to wait till Summons are served. She said there is no point in going to the court and spennding money to get the papers. It will take its due course and there is no reason fo us to try an fst track the case.

kalyan singh Ex public Prosecu (advocate)     17 September 2016

Dear jidda,on the basis of your post, iconclude that you are not made the accused in this FIR.The accused has to take bail and after obtaining bail accused has to appear on each and every date before the hon'ble court. summon are never issued to the accused.You can call me for futher advise on 9718381944.


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