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Surya R (business)     03 February 2025

Summons to accused in usa

Pls help giv procedure sample petition to serve summons to accused who is in usa 



 9 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     03 February 2025

The court will send it or ask your advocate. 

Sridhevi (education)     03 February 2025

no advocate.prty in person.can you give sample petition to be filed

T. Kalaiselvan, Advocate (Advocate)     04 February 2025

The summons are sent by court and not by party to the accused. 

The court will let you know the necessary compliances in this regard provided you are conducting the private ciminal comlaint as a party in person. 

If it is a police case, then police will take assistance of public prosecutor on all such further issues. 

Surya R (business)     04 February 2025

Thanks for reply

I filed protest petition and cc number alloted.now court saidme to file for issue of summon to accused in usa.can you help give sample draft to ask to send summons 

Dr. J C Vashista (Advocate )     04 February 2025

Request your lawyer to convience the Court qua sending summons in USA.

T. Kalaiselvan, Advocate (Advocate)     04 February 2025

Even though you may appear as party in person you can the assistance of a local lawyer for such practical issues instead of looking for remedy through such portals.

Remember that you cannot think about getting any service at free of cost except that this portal renders opinions at free of cost by valuable experts of this forum.

vijay (consultant)     04 February 2025

Hon. court will issue direction to Advocate and court will have to serve summons through embassy of india in USA with due process of law and with due information to Embassy of USA in india and also their office in USA of the specific Area in USA. 

Sridhevi (education)     05 February 2025

Review below petition

 

 

COURT NAME

 

CC No:XXXXX of 2022 

                                           

Complaint name                                            Complainant

AND

        Accused name                                   …Accused

 

PETITION FILED FOR SPECIFIC DIRECTION UNDER SECTION 65 CRPC,166A CRPC, 190 R/w 200 CRPC

May it please Your Honour,

    The Complainant submits as under: 

For the reasons and facts set forth in the accompanying affidavit, it is prayed that the Hon’ble Court may be pleased to:

A.  Direct the Ministry of External Affairs, Government of India, to send the summons to the accused at address Address here. through the appropriate diplomatic channels.

B.  Permit me to pay any required fees for the service of summons through the Ministry of External Affairs or the Indian Embassy/Consulate.

C.   Direct that proof of service or return of summons be submitted once the summons are served.

D.  Grant such other relief as this Hon'ble Court may deem fit and proper.

 Date:                                                                                                                                                

Party-In-Person      

                                                                Complainant

COURT NAME

 

CC No:XXXXX of 2022 

                                           

Complaint name                                            Complainant

AND

        Accused name                                   …Accused

 

AFFIDAVIT

 

I, Name, Age: 30 years, Occ:Pvt. Employee, R/o ro here, do hereby solemnly affirm and state on oath as under:

1.   I deponent and is Complainant in the above CC. Hence, I know facts of the case.

2.   It’s submitted that the above-mentioned criminal case is pending before this Hon'ble Court against the accused  under Section 494 of the Indian Penal Code (IPC).

3.   It’s submitted on 31-01-2025 Hon’ble court had directed me to send fresh summons to USA.

4.   I submit that accused address is Address here.

5.   I submit that the summons be sent through the Ministry of External Affairs (MEA) in accordance with Section 166A of the Code of Criminal Procedure (CrPC), which grants the Hon'ble Court the authority to issue summons to a Accused residing outside India.

6.   I submit that I am ready and willing to pay any required fees or charges, including those levied by the Ministry of External Affairs or the Indian Embassy/Consulate, for sending the summons through the relevant diplomatic channels. I request that the Hon'ble Court kindly direct me to deposit the required fee, if any, to facilitate this process.

7.   I submit that I also request that once the summons has been successfully served through the MEA, the court be provided with a proof of service or return of summons in accordance with the procedure set out by the Ministry of External Affairs or the relevant embassy.

 

In view of the above, I respectfully pray that this Hon'ble Court be pleased to:

A.  Direct the Ministry of External Affairs, Government of India, to send the summons to the accused at their address Address here. through the appropriate diplomatic channels.

B.  Permit me to pay any required fees for the service of summons through the Ministry of External Affairs or the Indian Embassy/Consulate.

C.   Direct that proof of service or return of summons be submitted once the summons are served.

D.  Grant such other relief as this Hon'ble Court may deem fit and proper.

DEPONENT

 

 

VERIFICATION: Sworn and signed by the deponent admitting the above contents to be true and correct on this      day of      month, 2024.

Date:    

 

 

 

 

 

 

Party-In-Person           Complainant

Sudhir Kumar, Advocate (Advocate)     12 February 2025

This petition does not hav ethe details of events leading tothis application. Petito alsodoe snotdisclose address (and nationality) of the accused and the country where he preently  is.


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