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Sridhevi (education)     05 March 2025

Summons in cc case

I filed private complaint under bigamy and police closed case and I filed protest petiton and CC case alloted in 2022

 

Query do court send sumons to accused or complainant need to send summons in cc case where protest petition is filed.

Accused is in USA , I paid process and I requested court to send summons via ministry of external affairs but court saying to send summons by post my self



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     05 March 2025

Court cannot send summons to the accused through ministry of external affairs, there's no provision for that.

If the court has passed an order to you to send the notice to his US address you can very well send private to his present address on the orders of court to him directly.

Real Soul.... (LEGAL)     05 March 2025

You can request the court to serve summons under rule 29 through  Indian embassy or consulate. If the ourts issued you summons and asking to serve then better is to approach to Indian Embassy and request to serve the summons, meanwhile you can submit stamped registerd AD envalope in court for service of summons.The summons should be through courts.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     05 March 2025

In a CC case where a protest petition is filed, the court typically sends summons to the accused.

 However, there are instances where the complainant may need to take steps to ensure the accused receives the summons, especially if the accused is residing abroad, like in your case.¹

 Given that the accused is in the USA, you've taken the right step by paying the process fee and requesting the court to send summons via the Ministry of External Affairs.

 Unfortunately, the court is asking you to send the summons by post yourself.

To proceed, you can: - *Send Summons by Post*: Comply with the court's request and send the summons to the accused in the USA by post.

Ensure you follow the proper procedure and documentation to prove that the summons were sent. -

*Seek Clarification*: If you're unsure about the process or feel that sending summons by post may not be effective, consider seeking clarification from the court or consulting with your lawyer. -

*Explore Alternative Options*: Depending on the specific circumstances, you may want to explore alternative options, such as requesting the court to issue summons through the Indian Embassy or Consulate in the USA.

 


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