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Is it advisable to wait for service of summons
20-Aug-2026 (In Criminal Law)
Summons issued but not served. If I take copy of Summons from court and I submit petition to recall Summons (implicitly waiving service of summons) can complainant still dismiss my petition in sessions court saying summons not yet served and so summons is not effective. Is it advisable to wait for service of summons?
It is advisable to wait for service of summons rather than filing for recall merely because you obtained a copy from the Court.
Obtaining a copy of summons does not amount to service on the respondent.
Do not seek recall unless there is a specific strategic/legal reason.
If service is delayed, file an application for fresh/expedited service through permissible modes.
If the Sessions Court proposes dismissal only because summons are not yet served, the order can be opposed/challenged, depending on the nature of the petition.
The safer course is to keep the summons alive and pursue service.
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Adv. Jayatee Chatterjee
Adv. Jayatee Chatterjee
Delhi | 5+ Answers
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No, it is not advisable to wait for summons to be served. you may file an application for recall of summons. since you have taken copy of summons from court, service is completed.
complainant cannot say summons not yet served
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Adv. Kunal Seth
Adv. Kunal Seth
Delhi | 700+ Answers
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First You can't take summons from Court unless there is an order to that effect. Secondly, First Class Magistrate becomes functus officio after ordering summons to an accused person.
The order summoning the accused person and the Summons can only be challenged through a criminal Revision before ASJ or can be Quashed by HC exercising it's inherent jurisdiction.
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Adv. Anunay Sahay
Adv. Anunay Sahay
Delhi | 5+ Answers
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the petition is maintainable as a revision before the Sessions Court, I would advise filing it without unnecessarily waiting for service, particularly where limitation, coercive steps, or prejudice may arise. Alternatively, where the challenge requires exercise of the High Court's inherent jurisdiction, Section 528 BNSS can be invoked.
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Adv. Madhvi Chopra
Adv. Madhvi Chopra
Delhi | 50+ Answers
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It is generally advisable to exercise caution before voluntarily obtaining the summons and filing a recall petition. Mere issuance and non-service of summons does not necessarily make the summoning order ineffective; however, the exact consequence depends upon the nature of the proceedings and the relief sought. If you obtain the summons and voluntarily submit to the court's jurisdiction, the complainant may argue that you had knowledge of the proceedings and have waived objections based on want of service. A petition seeking recall can also be treated as voluntary appearance/participation depending upon its contents and the court's approach.
Therefore, if your proposed challenge is maintainable only after service/appearance, waiting for formal service may be strategically safer. On the other hand, if there is an independent legal ground to challenge the summoning order, you need not necessarily wait merely because summons have not yet been served. The safest course is to examine the exact order, the nature of the case, the provision under which summons were issued, and whether the proposed petition is a revision, quashing petition, or an application before the issuing court.
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Adv. Kawaljit Singh Bhatia
Adv. Kawaljit Singh Bhatia
Delhi | 25+ Answers
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