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Anil Agrawal (Retired)     13 October 2015


After MM orders issue od summons, which process is followed beforte summons is actually served? Can this order remain in file only for years and no summons are served? Who is responsible?


 4 Replies

adv.raghavan (Advocate,9444674980)     14 October 2015

Your query is not clear, but still it is the duty of complainant to follow up through his counsel to get summons served after paying proper court fees. if you wait for the things to happen on its own then you will be loser and case will be dismissed.

S K KARNjhc (Legal Adviser)     15 October 2015

Mr Raghavan sir is quite right in the sense being put oneself in dilema as the question is not clearly stated, making me in trouble giving you a firm answer

Anil Agrawal (Retired)     15 October 2015

What is the role of complainant. I understand after court orders issue of summons, it is court office which prtepares summons in duplicate and gives to police whih serves it. Pursuing is different. Summons are not given to complainant at the initial stage. 

Madhu Mittal (Director)     15 October 2015

Respected Sir,

It is the duty of court and police to serve summon, bailable warrant and arrest warrant. There is no part of complainant . But when these were not got served/executed, sufferer is the complainant. That is why I want to now the procedure/journey of these ones (after signing by the Magistrate) as per law how these should be sent to Police Station ( i.e. by hand/ by noting in the court in any register and in police station where to enter them etc. what is the procedure)  and how to get back these ones at court. So that by knowing the procedure a complainant can pursue the matter according to law, where these were lying and exactly who( court staff, police etc) is responsible for non serving/executing them.  Otherwise complainant with folded hands has to stand in front of everybody (court staff and police personnel) to get these served/executed.




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