Summons by rpad to accused in 380ipc

OFFICE STAFF

hi all, in my case u/s380IPC etc.. i have prefered application before court to send summons to accused by RPAd and vourt grant and court staff preapred summons with seal etc.. and asked me to post by RPAD with sender address as hon'ble court. i did accordingly and after 2months i otbtained ceritifate of postal department on service of RPAD. which shows remark of article unclaimed.

on last date i file application before court for issuing warrant against accused as summons by RPAD is shows article unclaim which is as good as served. but court reject my application stating that there is no provision under law to served summons to accused by RPAD. hence application rejected.

summons and everything is prepared by court i only post it by RPAD.

 also, then how they previous court allow application of sending summons to accused by RPAD and accused no.1 appeard after getting summons from court by RPAD who stay in another district. but for Accused no.2 court was not accepting as not in law.

question.

is there no provision in law to summons accused in case u/s 380IPC by RPAD which is state in another district. any judgment fo same.

 
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Advocate

There are three different points to this answer:

 

Firstly: There is only one provision in Cr.P.C which provides for service of summons through RPAD namely S. 69 of Cr.P.C. which talks about service of summons to a "witness". It says that a witness may be served by RPAD only in addition to and simultaneously with the issue of summons as stipulated in the provisions of the Code,  Thus an accused cannot be served summons through RPAD, only a witness can be served through RPAD and that also only in addittion to the regular process.

 

Secondly: Section 62 of Cr.P.C.  clearly lays down that 'every summons shall be served by a police officer, or subject to such rules as the State Govt. may make in this behalf, by an officer of the Court issuing it or other public servant.

Thus service of summons other than the above stipulated method is not valid. Thus service of summons to an accused RPAD not recognised by law.

 

Moreover, this section also mentions that if practicable, such persons shall be served personally on the person summoned.

If the person summoned cannot be found, S. 64 provides that a duplicate of such summons be left with some adult male member of such person's family residing with such person.

The Code goes further to say in S. 65 that if summons cannot be served in the above manner also, then a copy of such summons be pasted in some conspicuous part of the house or homestead in which such person summoned ordinarily resides. The Court can on further enquiry declare such summons to be duly served or order fresh summons.

 

 

Thirdly, and most importantly, your case deals with S. 380 of the IPC which is a warrant case, hence, according to S. 204 of Cr.P.C. in a warrant-case the Magistrate may issue a warrant or if he thinks fit, a summons, for causing the accused to appear. Thus in your case, it being a warrant case, the court can directly issue warrant without issuing any summons. Thus you can point out S. 204 before the court and can request for issue of warrant (directly, without first issuing any summons).

 
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OFFICE STAFF

thanks for prompt reply, i would add in my post, is this case is instituted upon private compliant and after argument on police negative report the court took cognizance and issued the process. and Accused no. 2 & 3 were staying in one house/roof. hence in this facts can i request to court s.204 crpc to issued warrant against accused no.2 for appearance. since accused no.3 was appearing in court date, he informed the accused no.2 not to take any summons. pls .advise 

 
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Advocate

Sorry for replying so late, I just saw your message.

 

Since it is a warrant triable case, the Judge has the power to issue warrant directly. So you request for the same and also try to convince the Judge to issue a warrant. In the worst scenario, if the Judge is not inclined to issue warrant, request for issue of summons and this time, get the summons served in the appropriate manner, as prescribed by law.

 

In case even after service of such summons he does not appear, then you can again request for issuing a warrant and this time the judge may surely issue a warrant.

 
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OFFICE STAFF

thanks for reply, i did same on last date when i file application stating the summons by court thru RPAD was not claim by accused no.2 attached is the post certificate but court decline to issued warrant and reject my application. thereafter i file application for reissuing summns to acc.2 court allow the application. but i feel the court staff won't send the summons as usual they say no time to prepare summons or police never file report of service of summons.

regards

 
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