NARESH SHARMA (Technical) 24 February 2015

Summons not returned back to court

Dear Experts,

please guide me if a family court issues summons under section 151crpc for restoration of 125crpc and send to superintendent of Police for service but police is not returning summon back to court, it happened three times, court is reissuing it but not serviced by the police and not returning to the court,

How many times court can issue the summons whereas respondent address place etc all are correct but respondent having highly politically influence. While before this summon (restoration case) Respondent & his legal friend had contested in the case of 125. we had submitted written argument and final argument was pending, unfortunately admitted in hospital and not able to appear before the court, and court dismissed the application on non appearance and non pleading.

Regards

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3 Replies

Adv. Chandrasekhar (Advocate) 25 February 2015

In this case, the complainant has to move an application before the Magistrate explaining that how many times summons were tried to be summoned on the proper address, but due to lack of enthusiasm, deriliction of duty or some malafide intentions, the summons were not being served by the concerned police authorities and a prayer has to put that the magistrate may be pleased to direct the superintendent of police to appear in person on the next date of hearing and explain that why court orders are not being complied.

If the case is in Delhi, ( I do not think so, as you are talking about superintendent of police instead of ACP), let me know about it and I will take that issue on larger compass so that police should be made more accountable towards the litigant public in criminal jurisprudence.

NARESH SHARMA (Technical) 25 February 2015

Dear Shri Chandrasekhar JI,

Thanks for nice reply

Sir this case is belongs to Jaipur family court no 2 Rajasthan and case no 197/2014 u/s crpc151 Kanta sharma vs Tulsi Ram Suthar.

This respondent Tulsi Ram Suthar & his legal friend is residing at Bhilwara Dist Rajasthan,

Respondent's legal friend was continuously contesting in our case no 327 / 2008 u/s 125crpc from year 2008, now they are not appearing for the restoration of this case, as Bhilwara police is not returning the summons( No 53 / 21Jan2015) along with their comments, such ignorance of court summons by the Bhilwara police is really harassing.

please help for justice

Regards

Naresh

NARESH SHARMA (Technical) 27 February 2015

Dear Sir / Experts,

please help me in resolving my issue, i am helpless and hopeless..........i do not know what will happen.............how many year will require for justice.

Pls share your experience and idea........

Regards

Naresh