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Is Summon served on my advocate a valid service of Summons.
08-Oct-2025 (In Trademark & Copyright Law)
We two colleagues used to work for same company and had bitter dispute. I left company. My colleague he file Civil suit which is ongoing. He did not meet with success so now he file false private Criminal complaint. Can he serve Summons on my advocate who is appearing for me in Civil matter and is that summons valid.
Since, I have a years of experience specifically dealing in trademark matters and have also worked with trademark registry.
I can say yes! other party has all the right to serve notice (even it is served to your advocate) court can even summon you.
however, there are high chances of you to win if you are the Bonafide user. Let me know if you wish to understand it further.
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Adv. Vishali Verma
Delhi | 25+ Answers
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Summons in a private criminal complaint must be served personally to you, not your civil case advocate, unless that advocate is officially authorized to represent you in the criminal matter. Service of summons on your civil advocate is not valid under the Criminal Procedure Code (CrPC) — especially Sections 62 to 65. If a false private complaint has been filed against you, You can consider legal remedies like quashing the complaint (Sec. 482 CrPC) or even counter-action if the complaint is malicious. Keep track of the private complaint case through your lawyer, and do not ignore the matter.
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Adv. Karishma Rajput
Delhi | 100+ Answers
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NO. Until unless the court mentions that the party can be severed through his counsel otherwise the summons cannot be served to a counsel for an other matter.
For any further legal advice feel free to contact.
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Adv. Jia Kapur
Delhi | 200+ Answers
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No, the summons cannot be validly served on your civil lawyer unless you’ve authorized them to accept it in the criminal case. Ask the court for a copy of the complaint and verify proper service before responding.
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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A. Challenge Validity of Service
If you learn that summons was served on your civil advocate (without your knowledge or consent), you or your advocate can raise a preliminary objection before the Magistrate regarding improper service.
B. Apply for Quashing under Section 482 CrPC
If the criminal complaint is clearly frivolous or malicious, you may consider filing a petition before the High Court under Section 482 CrPC to quash the complaint.
C. File Counter or Seek Protection
Depending on the seriousness of the false complaint, you may consider:
Filing a counter-complaint for false implication.
Seeking anticipatory bail (if any non-bailable offences are alleged).
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Adv. Aman Verma
Delhi | 50+ Answers
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