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Prabakaran   02 February 2025

Can magistrate issue summon to absconding (a1) and death person (a2) persons?

Sir, On 01.07.2024, police filed the Final Report by closing the case by stating that accused A1 absconding & Accused A2 died on 19.02.2019. But on 16.10.2024, the concerned Magisttate court issued summon to absconding & Death persons. Again, this case listed on 16.12.2024. Even 2nd time, the concerned magistrate court issued summon to absconding and death persons. Further, this case will be listed 16.02.2025. Can magistrate issue summon to absconding and death persons? Procedurally correct? Thank you. 



 9 Replies

T. Kalaiselvan, Advocate (Advocate)     02 February 2025

If the summons were not served on the accused then the court will have to issue summons through police.

Let the police search the accused and submit their report about the absconding accused.

The representative of the deceased accused can inform court about his death by filing the death certificate.

How are you concerned with this?

Prabakaran   02 February 2025

Sir, Police in its final report mentioned that A1 is absconding, and therefore no investigation was done to her, even tough FIR registered against her. At the same time, she is very actively in pursuing various litigations at civil court.

Regarding A2, police clearly stated his death in its final report. Even FIR registered against death person on 15.11.2021, despite he died on 19.02.2019 itself. Can magistrate issue the summon to the death person? I feel, police unnecessarily dragging this matter, so the complainant can't file the protest petition so easily. 

 

 

T. Kalaiselvan, Advocate (Advocate)     02 February 2025

The complainant cannot file a protest petition at this preliminary stage. 

If the police has reported that A1 is absconding then they can file a petition to cancel the bail granted to her. 

If you are the defacto complainant you can take steps accordingly. 

Prabakaran   02 February 2025

Thank you very much for valuable suggestion. Yes, my father was the defacto complainant.

T. Kalaiselvan, Advocate (Advocate)     04 February 2025

Then ask your father to take necessary steps in this regard

Prabakaran   04 February 2025

Thank you. My father being the complainant was not interrodated at all, and he found his 161(3) statements were created in final report by police itself. Regarding the prime accused, the police had stated that she is absconding, and no 161(3) statement was recorded from the accused.

Under these circumstances, the accused filed vakalat in many civil case within last 1 year period before local court & Madras high court. Therefore, my father doesn't accept the police stand that accused is absconding. 

Further, police omitted entire documents without assigning reason, which was sent by post  before as well as after FIR registration. 

As no document consideration, no interrogation (for 161(3)) and entirely fabricated records, how can we accept such final report? Thank you. 

P. Venu (Advocate)     06 February 2025

The de facto can bring the aspect of defective investigation to the notice of the higher police authorities so that they can, with the permission of the Court, take up further investigation. 

There is no infirmity in the summons issued by the Court.

Sudhir Kumar, Advocate (Advocate)     12 February 2025

Have rth summons directed to dead person served.

Prabakaran   12 February 2025

Thank you sir. My father was the complainant, and no notice served yet from court based on police Final Report. My father was never interrogated by police, but his 161(3) statement is available in final report.

While accessing the court proceedings after final report filing, the concerned magistrate issued notice two times to death person (husband, aaccused), and also absconding person (wife, accused). I don't know the notice status. 

Further, I don't trust the concerned government pleader, who appears on behalf of police. I strongly believe, the government pleader misleading the magistrate and delaying this matter. Now how will you handle this situation? Thank you.

 


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