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What are correct steps to issue summons to UK resident
04-Jul-2025 (In Criminal Law)
Five years ago, I SMS the summons order to defendant. Judge quash it. Judge say that I not take steps to secure presence of overseas defendant. Judge not give details. Now I re-do summons order. What are correct steps to avoid quash again.
First you tell that in which country live the defendant because some country have different procedure but through embassy you can connect local police of the defendant’s area then you can summon. And you can get the ex-party order and taken action against his or her property
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Adv. Mayank Sharma
Adv. Mayank Sharma
Delhi | 25+ Answers
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You need to do all the things to give notice to the opposite party. That will include PF/RC/Courier and it's also advisable to send it through email and WhatsApp also. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Adv. Jitender Singh
Delhi | 1000+ Answers
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Here are the steps:,
1. file a complaint with police
2. Let them investigate and register a FIR and file a chargesheet
3. Chargesheet will be sent to a judge for taking cognizance
4. Judge will call you to understand the matter along with your witnesses
5. Thereupon if the judge finds that prima facie case exists then only he will summon the Accused through registered authority under union government and send the summons for appearance to UK.
If you need assistance Feel free to contact me.
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Adv. Ishan Parashar
Adv. Ishan Parashar
Delhi | 200+ Answers
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You have not given the details of your case. It is advisable to either secure the process through a seasoned lawyer or atleast get a direct consultation on the above issue by meeting a lawyer. We deal in OCI and NRI cases, if required you can contact us for the same.
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Adv. Vikas Sharma
Adv. Vikas Sharma
Delhi | 200+ Answers
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Since the earlier attempt to serve summons via SMS was quashed on the ground that proper steps were not taken to secure the presence of the overseas defendant, it is now essential to strictly comply with the procedure laid down under Order V of the Civil Procedure Code, 1908, for service outside India. The correct approach would be to file an application before the court seeking permission to serve the defendant abroad through appropriate channels—typically via the Ministry of External Affairs (MEA), which forwards the summons to the Indian Embassy or Consulate in the foreign country for local service. If the defendant resides in a country that is a signatory to the Hague Service Convention, service should be effected through the designated authority under the Convention. The summons must be sent to the correct and verifiable overseas address, and once service is completed, an affidavit with documentary proof of service—such as consular acknowledgment or postal receipts—must be filed before the court. Unless specifically permitted by the court, informal modes like SMS, email, or WhatsApp do not constitute valid service under Indian law. Taking these steps will help ensure that the re-issued summons is not quashed again on procedural grounds.
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Adv. Aman Verma
Adv. Aman Verma
Delhi | 50+ Answers
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