What happens if summons sent to wrong address ?

Question

What happens if summons sent to wrong address ?

04-Jul-2024 (In Criminal Law)

Hello sir/madam , I just want to know if the summon issued by the court to any person in Criminal Case have wrong address n not delivered to him on time ,what happens if a court summons is sent to the wrong address, will court issue new summon with correct address or arrest warrant ? Also how many times a summon can be issued and when Arrest warrent turn comes out . Is it headache of the police of a particular state to delivered the summon on time to the correct person despite having the wrong address or they can return it to the court as 'non delivered' . Thanks

Answers (4)

Answer #1

Adv. Chikirsha Mohanty

Delhi | 200+ Answers

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B. G. Kingare
In Civil Suit filed for fresh sommans on correct adress and also under O 7 R 11 so please tell me which shall be heard first

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LawRato LawRato · Accepted Answer · 2024-07-04T13:49:02+05:30

If a court summons is sent to the wrong address, it is not considered valid service under Indian law. For a summons to be legally binding, it must be delivered to the correct address of the person concerned. If it is misdelivered, the recipient may not even be aware of the legal case, which could result in missing court appearances or deadlines.

However, even if the summons was sent to the wrong address, failure to respond or act can still have serious consequences, such as a default judgment being passed against the person. Therefore, if you learn that a summons was mistakenly sent to the wrong address, it is very important to inform the court immediately and provide the correct address.

Once notified, the court may ask the other party to re-serve the summons properly, and may set aside any default order if you can show that you were not properly served. It's advisable to keep proof of address and communication with the court or your lawyer to support your case.

Advocate Suyash Gupta LawRato · Accepted Answer · 2024-07-04T13:49:02+05:30

Answer #2

The court will look at the service report, if it is written on the report that the person is not residing on the address, etc then court will issue another summon on your correct address. If your correct address is not available then it can issue directions for publication of the summon in local newspapers. Normally court issues summons, then if the person after receiving it deliberately does not appear on the fixed date, then court may issue bailable or non bailable warrants. Police have to comply with the directives of the court as such it is their duty to serve the summon to the correct person.

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Adv. Suyash Gupta Adv. Suyash Gupta

Lucknow | 25+ Answers

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Advocate Piyush Shrivastava LawRato · Accepted Answer · 2024-07-04T13:49:02+05:30

Answer #3

The purpose, sir, to issue a warrants or summons is to secure the presence of the accused in court as to enable the court to proceed with the trial of the case and a person knowingly, that he is the accused of the case, is absconding, generally but not always summons are issued and even the summons were served on him positively, does not appear before the court, warrants bailable or otherwise may be issued to secure his presence. Practically, if the address of the accused is wrong, summons are difficult to be served on him and if the court is satisfied that the accused is not a absconder or is not concealing him, again summons be issued. For more detail please refer the ratio of the judgments of the cases- Raghuvans Deewanchand Bhaseen and Inder Mohan Goswami.

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Adv. Piyush Shrivastava Adv. Piyush Shrivastava

Lucknow | 5+ Answers

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Advocate Abhishek Srivastava LawRato · Accepted Answer · 2024-07-04T13:49:02+05:30

Answer #4

Hi, when court issued summons on a wrong address as per your query and you wasn't receive. Then court will send you the same thrice a time and still a person failed to receive due to wrong address then court will ask the person who filed a case against you to serve personally and again when he failed to do so then court may issue a bailable warrant against you and after that he may issue a non bailable arrest warrant and direct the police concerned to arrest you and make your presence on the date fixed next for hearing the case and asked you explanation regarding your non appearance in the court inspite of several summons..

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Adv. Abhishek Srivastava Adv. Abhishek Srivastava

Allahabad | 5+ Answers

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