Procedure for delivering Summons for Overseas Citizen

I am of the view that action can be taken under the Indian Extradition Act Article No. 34 (b) of 1962. This act provides procedure for the arrest and extradition of fugitive criminals under certain conditions which includes receipt of the request through diplomatic channels ONLY and under the warrant issued by a Magistrate having a competent jurisdiction.

Action can also be taken under the provisions of Section 41 (1) (g) of the Cr.P.C., 1973 which authorizes the police to arrest a fugitive criminal without a warrant, however, they must immediately refer the matter to Interpol Wing for onward transmission to the Government of India for taking a decision on extradition or otherwise.

In case the fugitive criminal is an Indian national, action can also be taken under Section 188 Cr.P.C., 1973 as if the offence has been committed at any place in India at which he may be found. The trial of such a fugitive criminal can only take place with the previous sanction of the Central Government. At present India has extradition treaties with 28 Countries and extradition Arrangements with 10 Countries.

It is a non bailable offence.  Any private person may arrest or cause to be arrey person who in his presence commits a non bailable and cognizable offence, or any proclamed offender, and , without unnecessary delay, shall make over or cause to be made over anay person so arrested to apolice officer, or in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station. SEC: 43 of Cr.P.C.

In my opinion it is better to apply for anticipatory bail thru., an advocate.  You need not be present.  Your advocate will file a memo of apperance along with bail application.  Your's is good case because you are not in india and complaint is lodged in india if the offence is committed in india then indian cours have jurisdiction, but as per your question offence is committed at out side India.  Good case and you can also challenge the FIR by filing a writ to quash the FIR.  Take a chance.

Rajeev Ji - In the case of AB, will I need to travel India to regularize it?

Extradiction is one thing which I dont think can happen easily. Its a false complaint it will not stand under the scrutiny of law. I am not worried of Extradiction. There is no crime done, but just  statement given by a woman and all the machinary is behind us. FIR is full of garbage, so vague that no one can understand it.

The question here is, Indian courts are so powerful that they can declare overseas citizen a Proclaimed Offender? If they can't then what should be my action to stop the proceedings. It has already crossed 30 days period from the date they sent the notice to a different address. Where I am not even living, FIR itself is an evidence of it.

What a lovely system we have. It can act at no fault and not even ready to listen about the reality.

Dear 498A Victim, better to take Ptrecautionry measures, as you are already booked!.

Read this recent Dehl HC judgment:

May be Similar story like yours

False Dowry Cases: Profitable Business for Indian Police

Another Note: In 2009 Supreme Court of India has given judgment that NO Red Cornet Notice or InterPol  abuse against indian citizen for Matrimonial Cases.

Extradiction is not easy.

The best way IS to change address and job.

If in USA and if your social security details are not know to other side , enjoy no body can trace you.

IN INDIA WE CAN EVEN A PERSON IF CHANGES LOCALITY IN SAME CITY. LACKS OF CASES ARE PENDING FOR THIS REASON ALONE.

The courts can serve you and can press for extradition but you have to be served through diplomatic channels, As you have not appeared in this ase which happens to be a criminal case the court have declared you a proclaimed offender.

You can file a quash petetion in the High Court