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Clarification on section 364A IPC


04-Jan-2023 (In Criminal Law)
Hi sir , in my name a case is filed in the section of 364A but till now i didnt receive any summons its been two years since if the summon didnt came for 3yrs is the case will removed on mee or else 5 yrs if summon didnt come the case will removed or me or what sir!!!!!!!!! could please tell me about it sir
Answers (3)

Answer #1
965 votes
section 364A IPC SAYS Whoever kidnaps any person or keeps a person in detention and threatens to casuse to hurt or death to such person this is the case against you , you have to consult P.C. or verify court records whether the said case is closed or not , whether case is pending , I Think your address is not traced by the police or till today not file charge sheet cont further details advocate
Answer #2
610 votes
Hi
364 A is a warrant case and not summons case.
So the case will proceed once the charge sheet is filed in the court.
So you need to find out whether charge sheet is filed in the court or not.
If charge sheet is not filed within 2 years from date of FIR, you may apply to high court and get the case quashed u/s482 Cr.p.c.
Hope this information is useful.
Answer #3
880 votes
Hi,
This is M.A RAHEEM KHAN Advocate, From : Hyderabad, @ lawrato.com

Summons will be issued after charge sheet is filed by the police, after issue of summons trail of the case begins, so for more clarification of your doubt you have personally consult me , my details will be send to your registered email and phone number.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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