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can summon order be modified by same judge


01-Sep-2026 (In Criminal Law)
Advocate advise me to make application to issue summons. Judge issue summon but she not mention that prima facie case is made out. She make order for summons 'execution of summon must cc defendant with application filed by complainant'. My advocate saying we must approach judge to modify summons order because summon order not valid. I seek second opinion.
Answers (2)

Answer #1
989 votes
Yes, the same judge or court that issued the summons can modify or recall it, depending on the circumstances. If there is a genuine reason, such as an error in the summons, a change in the date, or any other relevant issue, an application can be made before the same court requesting the necessary change. The judge will consider the facts and decide whether the summons should be modified or recalled.
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Advocate Rahul Kumar

Adv. Rahul Kumar

LawRatoDelhi | 5+ Answers
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Answer #2
971 votes
it seems that the judge has not taken cognizance of the matter but has he should someone's on some application that has been filed by you please share a copy of the summons to give proper and further advice on the suitable course of action to be taken
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Advocate Kunal Seth

Adv. Kunal Seth

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