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Assault case - not proceed last 1.5 years


14-Feb-2026 (In Criminal Law)
Some people was assaulted us and FIR filled against them in nilakkottai police station in May 2024. Now FIR filled in nilakkottai court. Now here problem is already two hearing over,but still summon not sending to the accused from police side.They have filled FIR and chargesheet to the court after raised multiple concerns in last 1.5 years to dsp office. Now again they are doing the same, not sending summon to accused. I don't know how to proceed next.I'm completely tired.
Answers (2)

Answer #1
718 votes
If the FIR and charge sheet have already been filed and the case is pending before the Magistrate, issuance of summons is a court process, though execution is done through police. You may file: A Memo seeking early issuance and service of summons Petition for speedy trial If police are delaying execution, file a petition seeking direction to the SHO to execute summons within a time frame. If there is continued delay, a petition before the High Court of Judicature at Madras seeking direction for expeditious trial can be filed. The complainant need not lose hope; once cognizance is taken, the court has power to compel appearance including warrant if summons is not served.
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Advocate Hemalatha Narayanan

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Answer #2
819 votes
The Madras High Court noted that serving summons years after a case is filed is a lapse by both the police and the court registry. Successive FIRs: The Supreme Court has noted that registering successive FIRs after bail, just to keep a person in custody, is an abuse of the criminal process. Summoning Suspects: According to the Delhi High Court, if a person is in the
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Advocate Arivazhagan

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