DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY VISKHAPATNAM,

A.P, INDIA.

PROJECT TITLE

Summons Triable Cases

SUBJECT

Code of Criminal Procedure

NAME OF THE FACULTY

Ms. Soma B Madam

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 Table of contents

1) Acknowledgement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

2) Synopsis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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3) Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

4) Procedure followed by the magistrate in trail on summon case . . . . . . . . . . . . . . . . . . . . . .8

5) Trial before magistrate’s court summons triable . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .9

6) Procedure of trial in summon – cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12

7) Other provisions relating to Summons Trail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

8) Difference between procedure of trail for warrant case and summon case . . . . . . . . . . . . .
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9) Relation of summons cases to offences under IPC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

10) Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

11) Bibliography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20

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 Acknowledgement

I would like to express my heartfelt gratitude to our beloved Ms. Soma B madam for giving
me this wonderful opportunity to do a project on the topic on summons trails. It helped me to
know new many things and gain knowledge. I have put all my efforts to collect the
information and to complete this project.

I would extend my thanks to code of criminal procedure madam for her support, guidance
and encouragement throughout the project. I would also like to thank my friends and family
members for their support throughout the project.

I would also like to thank my university ‘Damodaram Sanjivayya National Law University’
for providing me with all the required materials for the completion of my project.

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 Synopsis

Introduction :

The crook technique code of 1973, is as is absolutely indicated with the aid of its identify, a
complete enactment laying down the law referring to crook technique. for example,
bankruptcy VIII, X and XI which offers with “prevention of offences” and the chapter IX that
offers with “preservation of complaints”. As in line with the code, crook trial can be divided
into 3 classes particularly: warrant cases, summons cases and summary trials. for instance,
chapters VIII, X and XI coping with "delinquency prevention" and bankruptcy IX handling
"proceedings protection." crook proceedings can be divided into 3 classes in step with the
code: warrant cases, summons.

The term "cite cases" has been defined, in a terrible experience, in segment 2 (w) of the crook
procedure code as a case related to against the law that isn't a case of court order. on the other
hand, a "court docket order" way a case related to against the law punishable by way of
demise, life imprisonment or imprisonment for a duration exceeding two years.

Research Question :

1) whether is the procedure related to service of summons and what are the consequences if
to person to whom summon is issued doesn’t appear?

2) In what circumstance summons cases are converted into warrants cases?

3) By what modes, summons can be served by the court?

Research objective :

The objective of the research is to study about the procedure regarding issue of summons and
trial procedure related to summons case.

Literature Review :

1. The Modern Law Review Vol.20, No.6 (Nor., 1957) p 630 – 632

Journal Article – The Magistrate court act, 1957

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As the departmental committee report established to consider the matter showed, this was
mainly due to the large increase in the proportion of transit cases, in many of which it became
a practice for the defendant to send a letter to the court. in lies to attend in person, and for the
court to proceed in the absence of the accused.

2. Constitutions of Nations (1956) page no – 349

The regional council for an self sufficient district with respect to the areas with in that
vicinity and the district council for an independent district with respect to regions with inside
the district that are not below the authority of the nearby council, if any, with the the district
can also represent a village council, if it exists, within the district may additionally set up
village councils or courts for the trial of trials and cases between the parties, all of which
belong to tribes with schedules in the ones regions, aside from trials and instances to which
the provisions refer respectively to.

Research Methodology :

The researcher is using analytical or critical study and also comparing study on summons
related to trial under sections relating to chapter VI A, VII A and XX. The primary source
used are books and the secondary source are journals and articles from various websites.

Scope of the study :

The scope of the study is limited to the trial procedure of summons cases only.

Significance of the study :

The study’s significance shall improvise the knowledge regarding the summons and its
procedure at trial.

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Introduction :

The Code of criminal procedure of 1973 is, as its name certainly indicates, an exhaustive
enactment set up via the law regarding criminal manner. but it is really worth bringing up that
the code is not a procedural regulation of natural adjective; There are a few provisions in it
which have the character of substantial law. for instance, chapters VIII, X and XI managing
"crime prevention" and chapter IX dealing with "maintenance of techniques". consistent with
the Code, crook trials may be divided into 3 classes, namely: justified instances, summons
times and summary trials. the focus of this newsletter might be the quotation of the instances.
"Summons" is a file that orders a person to seem before the court docket and reply to the
complaint filed in opposition to them. Summon is issued via the magistrate to the defendant
according to segment 204 (1) (a) of Code of crook process, 1973. "Summoning case" way a
case related to against the law, which isn't always a case of court docket order [1].Cases of
invocation can be referred to from the definition of the case of the arrest warrant, that is,
crimes punishable by death, life imprisonment and imprisonment for terms exceeding two
years called cases of order [two]. So the cases of invocation are those in which the
punishment will not exceed imprisonment for two years. It can be said that cases of
invocation are not of a serious nature, so it must be decided quickly, without dispensing with
the requirements of fair trial. The procedure for dealing with this matter is provided in
sections 251 to 259 of Code of criminal procedure, 1973, which is not as serious / formal as
in other trials (trial session, authorization case established in the police report and cases
initiated from another way in the police report).
The main emphasis in the present article is on the procedure of the summon cases. General
steps of a procedure in summon case is same as other trials, but this trial is less formal for the
speedy remedy.

Summons Case :

A written notice ordering a person to appear in court. A case in which the offense is a minor
one for which a police officer may without arrest notify a person to appear in court at a fixed
time and place.

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The time period "sum of cases" has been described, in a terrible feel, in section 2 (w) of Code
of crook method as "a case associated with an offense, it isn't always a case of court docket
order". alternatively, a "courtroom order" means a case related to a crime punishable with the
aid of demise, existence imprisonment or imprisonment for a length exceeding two years.

The 2 definitions, consequently, result in the notion that the idea of class among citation
instances and instances of order is the seriousness of the offense. This type turns into relevant
at the same time as figuring out the form of take a look at technique in an effort to be
accompanied in a case. The take a look at device provided for the quotation cases is devoid of
much formality and technicality as inside the justified cases, since the first one is of a pretty
much less serious nature. chapter XX (Ss. 251-259) of the Code of crook procedure outlines
the method for the trial of judicial summons.

Trial of summon case:

There is no distinction within the procedure between path of summons cases instituted on
personal complaints and trial of summons cases instituted on police charge-sheets.

The only purpose wherever there’s divergence between the 2 categories of cases was that in
summons cases instituted on police charge – sheet, the official ought to see that copies of
documents mentioned in section 207 square measure stocked with to the suspect as before
long as he seems or is made before the court, and also the same isn’t any additional sensible
follow, as currently the suspect person/persons square measure entitled to the copies no
matter categorisation.

When the suspect seems or is brought before the court, he ought to initial of all be
questioned with relation to the contents of the grievance or the charge – sheet and he ought to
be asked whether or not he pleads guilty or not. (section 251) If the suspect pleads guilty, he
might right away be guilty and sentenced beneath section 252. If he doesn’t plead guilty the
case ought to be adjourned to a different date for the examination of the P.W.s. After the
P.W.s square measure examined the suspect ought to be questioned usually with relation to
their proof. If the suspect cites any D.W.s or needs to allow proof himself, their proof ought
to even be recorded and argument ought to be detected. Therefore, a judgment of conviction
or final decision follows. (section 255) When an accusation is instituted for a misdemeanour
that can be resolved summarily, The official problems mention the suspect who takes him to
appear in court or to transmit. by mail or courier to the court, pleading guilty if you have to
admit the crime. The citation must also mention that if the suspect pleads guilty to the guilty

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party Amount of fine not prodigious Rs. 100 / - May be mandatory. [Section 206] If the
official continues this procedure could work the guilty plea transmitted to the Court by the
suspect even by mail and condemn and condemn him even if the suspect is not in person at
the Court. [Section 253] A minor offense is one that is punishable only by a non-prodigious
fine Rs. 1,000 / - The procedure found under Section 206 can also be followed in the case of
infractions Law of motor vehicles.

Procedure followed by the magistrate in trail on summon case :

Article 251 of the Code of crook process provides that, as soon as offered or supplied earlier
than the jury, the accused appears before the jurist, the info of the offense in query. the
defendant have to be equipped for him, and he must be requested if he pleads guilty or no
longer, or He has some protection to create. however, in such cases, it isn't always essential to
restrict the best fee towards the accused. all that is stated, the provisions of the Code using
joinder a costs and The joint trials could observe to the trial of the citations. If the defendant
pleads responsible, the jurist have to document his plea as almost as achievable within the
words used by the defendant himself, and may, in his discretion, convict him on this sort of
plea. thus, despite the fact that associate in Nursing defendant pleads guilty, the jurist is not
absolute.

To convict him, if he thinks it's vital to have evidence of his guilt. If a subpoena has been
issued under S. 206 (ie, in instances of misdemeanours), and consequently, the accused
wishes to plead responsible to the fee at the same time as not imparting himself earlier than
the jurist, need to transmit to the jurist, by way of mail or by using visitor, a letter containing
his plea and collectively with the amount of quality provided inside the call. Upon receiving a
plea of responsible from the defendant, the jurist could, at his discretion, condemn the
accused in his absence and sentence him to pay the excellent offered in the quotation.
provided that a protection recommend authorized through the defendant pleads guilty on
behalf of the accused, the legal professional have to sign up the motive as quickly as viable
within the phrases of the attorney, and may, in at your discretion, convict the defendant for
this reason and sentence him as explicit above. however, if the legal professional does no
longer condemn the defendant as within the higher component, he ought to proceed to listen
to the processing, and take all the checks that are also created in guide of the processing, and,
together, concentrate to the accused and take all of the proof he creates in his defense. within
the utility for accomplice in Nursing with the aid of the prosecutor or the defendant, the jurist

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could, if you suppose it works, trouble a quotation to any witness, educate him to wait or
provide document or alternative component. earlier than conjuring any of those witnesses, the
jurist might also want the financial prices of said witness who attend the trial could be
deposited within the court docket.

After taking all the evidence, if the jurist finds that the defendant is not guilty, he must
Associate registration in nursing by order of final decision. If, on the other hand, he finds the
defendant guilty, he must issue a sentence. according to the law, unless the lawyer presents
the complete procedure to the chief lawyer, in the bottom of which cannot pass a sentence
that is serious enough in the circumstances, or if it is once condemned, the jurist orders that
the accused be free on parole or once a warning is given. It is also specifically specific if a
lawyer can convict the accused of any crime. that can be judged under this Chapter, that from
the facts admitted or verified, it seems Owning committed, it does not matter is also the
nature of the criticism or call, if you are happy that the accused would not be harmed by it.
(S. 255)

Trial before magistrate’s court summons triable :

Section 251 to 259 of Code of criminal procedure, 1973 visit the procedure for trial before
Magistrates court for summons triable offences.

Section 251: Substance of the accusation to be stated

Substance of the allegation to be expressed:

At the main hearing, When the accused1 appears or appears before the magistrate, the
magistrate would express the details of the offense of which it is reported, and I would ask
him if he grants or if he has any guarantee to do. On citation reliable infractions, formal
charges are not surrounded as in trustable Warrant offenses. 2 If the provision of this section
have not been complied with, the plea of guilty made by the accused in such circumstances
would not amount to a plea of guilty. 3 The accused would be entitled to a hearing at the
notice stage even in a summons trial case.4

Section 252: Conviction on plea of guilty

1
Karnataka v. Mallappa, 1979 CrLJ 2269 (Del).
2
State of Gujarat v. Lalit Mohan, 1990 CrLJ 2341 (Gujarat).
3
State v. Chandu Bhai Gordhan Bhai, (1960) 2 GLR 266.
4
S.C. Rastogi v. Renu Kalra, 2002 CrLJ 2269 (Del).

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The punishment for guilty plea. If the accused5 is found guilty, the magistrates will record the
deadline as far as possible in the words used by the accused and may punish him at his
discretion6. A joint statement cannot be treated as plea of guilty 7 under this section by all the
accused persons.8 Also, an accused cannot register the plea of guilty on behalf of the co
accused.9 The provisions of this section are mandatory 10 and, being of a special character,
take precedence and override the general provisions of Section – 281(1).11

Section 253: Convicted on Plea of guilty in absence of suspect in Petty cases.

Conviction for the plea of responsible without being blamed in trivial cases:

In crimes which includes area by using method for fines of as much as Rs. 1000 / - on my
own, the magistrate can problem a quotation u / s 206 expressing that if the defendant wants
to do it provide in to the accusation with out performing before the magistrate, transmit to the
Justice of the Peace, by mail or through flag-bearer, a letter containing your Request and
additionally the measure of excellent decided within the call; or within the faraway
opportunity that he wants to seem for the lawyer and confess the charge. thru stated attorney,
to approve, while drafting, the attorney to supply the price in your benefit and pay the quality
via stated legal professional. For him The motivations behind this place, "unimportant
offense" implies any offense. responsible only with a excellent that does not exceed one
thousand rupees, but as an alternative does so. exclude any offense so guilty beneath the
Motor automobiles Act of 1939 (four of 1939) 103, or below some other law that contains the
judgment of the character denounced in his non-look in a plea of guilty.

Section 254: Procedure when Not Responded

If Magistrates do not condemn the accused under 252 or 253 sec, the Witch at that point
would still listen and will continue to receive all such confirmations that may be filed by the
indictment in the case of their case. Magistrates 12 can, in an event he thinks fit, in the use of
the charge or denounced case13 a call to any witness who publications him to visit or create
any document or other issue. A Wizard, before summoning any observer for such an

5
Emperor v. Soma Bhai, (1907) 9 Bom LR 1346.
6
Bhaskar Industries Ltd v. Bhiwani Denim & Apparels Ltd, (2001) 7 scc 401.
7
Sunil Shantaram Pawar v. State of Maharashtra, 2003 CrLJ 2443 (Bom)
8
Thangjam Irabories Singh v. The State, (1961) 2 CrLJ 66.
9
State of Maharashtra v. Dhruwa Woollen Mills Pvt. Ltd., 1991 CrLJ 3124 (Bom)
10
Kaushalya Dav v. State of Madras, AIR 1966 SC 22 : 1966 CrLJ 66.
11
B. Rajanna V. State of Karnataka, 1996 CrLJ 1820 (Kant)
12
Kesri v. Muhammad Bakhsh, (1896) 18 All 221.
13
Kishorchandra v. Bhavnagar Municipality, 1969.

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application, require that the affordable expenses of the witness be incurred for him reasons
after the trial should be stored in court.14

Section 255: Absolution or conviction

If the magistrate, after taking the evidence mentioned in phase 254 and such extra
affirmation, assuming that, as you could, your personal motion, motive to be added, locate
the accused not responsible, he i might document a request for exemption. inside the
occasion that the Justice of the Peace unearths the accountable and earlier than the possibility
that the Justice of the Peace does now not retain as in line with the preparations of section
325 or phase 360, the sentence would bypass approximately what is denounced via
regulation. The provisions of Sections 325 and 360 are expressed below8. A magistrate can,
beneath segment 252 or phase 255, convict the defendant of any offense in keeping with this
bankruptcy, that based at the realities granted or confirmed, seems to have supplied, whatever
the idea of the complaint or quotation, if the magistrate complies that the accused might now
not be partial in this way.

Section 256: Non-appearance or death of litigant

1. If the citation has been issued in a complaint, and on the day distinct for the arrival of the
suspect, or any other day that consequences from the listening to being lifted, the litigant does
no longer do so. evidently justice, even so, something here contained before, will absolve the
suspect, except for a few reasons why you observed it is proper to suspend the hearing of the
case to some other day.

2. Whenever where the litigant is painted by a director's advisor the prosecution or wherever
justice is of the opinion that the non-public attendees 15 of the litigant it is not necessary, the
judge can dispense with his assistance and proceed with the case. Magistrate should wait for a
reasonable time for the appearance of the complainant.16

3. The provisions of subsection (1) will practice, to date, additionally to instances wherever
the non-appearance17 of the litigant is way to his death.

Section 257: Withdrawal of complaint

14
Ratanlal & dhirailal, The code of criminal procedure, lexis nexis publication, 21st edn, p.p – 669.
15
Ugam Raj v. State of Rajasthan, 1993 CrLJ 2031 (Raj)
16
Ram Narain v. Mool chand AIR 1960 All 296.
17
Indira v. Surgent Magarajan, 2003 CrLJ 2623 (Mad)

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If a litigant, at any time before a final order is approved in any case under this Chapter,
satisfies the justice that there are comfortable 18 grounds for allowing you to withdraw your
criticism against the suspect, or if there is more than one suspect 19, against all or some of
them, justice could allow you to withdraw a similar one, and you must do so acquit the
suspect against whom the criticism is withdrawn.

“Section 258: Power to prevent proceedings in bound cases”

This section applies to cases instituted otherwise than upon a complaint. The powers given to
Magistrate to stop the proceedings at any stage have to be sparingly used and that too
particularly in exceptional or unusual, circumstances which made it to attend the case. In any
case of summons instituted differently from the critic, a judge of the primary category or,
with the previous20. The sanction of the President of the Judicial Court, the other Judicial
Justice, may, for reasons of registration21 for him, stop the procedure at any time without
saying any sentence and wherever stoppage of procedures22 is formed when the test of the
main witnesses has been registered 23, issue a final decision judgment, and in the other case,
disconcert the suspect, and such The derailment will have the impact of the discharge.24

“Section 259 Power of court to convert summons – cases into warrant - cases:”

Once inside the direction of the trial of a citation case relating to an related offense
punishable through imprisonment for a prodigious length of six months, it appears to the
court docket that inside the interest of Justice, the offense must be judged according with the
manner for the trial of assure instances, for the reason that such justice ought to proceed to
pay attention the case once more inside the way supplied with the aid of this Code for the trial
of court cases and could remind any UN employer that could be a witness examined. It turned
into similarly held that the omission of such indication is not fatal and it's far simplest a
curable irregularity.25

Procedure of trial in summon - cases

“1 . Substance of accusation to be stated to the accused”

18
The State of Gujarat v. B. P. Zina, 1970 CrLJ 919
19
Ganesh Narayan Sthe, Supra
20
John Thomas v. K. Jagadeesan, (2001) 6 SCC 30
21
The State of Gujarat v. Lohana Dhirajlal, 1973 CrLJ 82.
22
The state of Gujarat v. Sanghar Ladha, 1971 CrLJ 949: AIR 1971 Guj 148.
23
Hardeep Singh v. State of Punjab, AIR 2014 SC 1400.
24
State of Gujarat v. Maganlal Gordhan Das, 1995 CrLJ 1581
25
Kishori Lal v. Mahadeo, 1993 CrLJ 1173

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When in a very cited case, the defendant appears or appears before the lawyer, the details of
the defendant's office will be expressed and everyone will be asked who is ether or does not
plead guilty or have any defense to defend, nevertheless be necessary skirt an adequate load.
It is necessary that the accused must have a transparent statement created for him about the
details of the offense in which he is charged. The associate in the accused infirmary may not
be guilty, even in his admission of fault, if the prosecutor's report does not decry the crime of
Associate in Nursing below a statute.

“2 . Conviction on plea of guilty”

If the defendant pleads guilty, the choose will file the cause as closely as feasible inside the
phrases used by the accused and must, at his discretion, convict him as a result. If the
defendant admits some or all of the prices alleged by means of however, the prosecution is
said "not responsible", the courtroom is assured the manner with the aid of law that examines
the protection understanding.

“3 . Conviction on plea of guilty in absence of accused in petty cases”

Section 253 of the criminal procedure code provides a good and less complicated procedure
to eliminate in minor cases as long as there are no suspects in court. Where is the suspect
must plead guilty while not in court, the suspect must send Rs. 1000 / - by mail or through a
legal counsel for the judge. The judge at his discretion convicts the suspect.

“4 . Procedure when not convicted by the Magistrate”

If the decide does no longer convict the suspect underneath section 252 or segment 253, the
choose will continue to listen the ruling and could take all of the evidence, as it is able to also
create in support of the accusation, and collectively pay attention the suspect and all such take
a look at how it's far produced for your protection. The choose should, in the software of the
pains, issue invocations to any Witness that courses him to wait or take exams. The choose is
sure to examine all of the Witnesses and isn't legal to limit the range of witnesses. The choose
may want to, earlier than conjuring any witness in this type of request, need the reasonable
costs of the witness incurred to help the trial desires be deposited in court.

“5. Acquittal or conviction”

If the decide does not convict the suspect below section 252 or segment 253, the judge will
continue to pay attention the ruling and will take all the evidence, as it could additionally

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create in help of the accusation, and together pay attention the suspect and all such take a
look at how it's far produced on your protection. The judge ought to, in the software of the
rigors, problem invocations to any Witness that guides him to attend or take checks. The
choose is certain to have a look at all the Witnesses and isn't legal to restriction the number of
witnesses. The choose may want to, earlier than conjuring any witness in this kind of request,
want the reasonable fees of the witness incurred to assist the trial wishes be deposited in
courtroom.

“6. The court can convert a summons case into a warrant case.”

Section 259 of the CRPC establishes that if inside the course of the trial of a case of
submission related to AN offense punishable via the use of a prison of greater than six
months, the judges accept as true with that inside the hobbies of justice, the crime should be
judged steady with the machine for the trial of the instances of judicial order, should preserve
to re-head the case inside the manner furnished via the code for the trial of court docket cases,
even keep in mind that any company of the dominion united witness may be tested.

The words “re-listen the case” suggest that the adjudicator must start the court cases from
the extraordinarily begin or first nation novo.

Other provisions relating to Summons Trail -

Section 61 : Forms of Summons

Every quotation issued with the aid of a courtroom under this code underneath this code must
be in writing , in duplicate, signed via the officer presiding over said court or with the useful
resource of every other officer that the superior court may also additionally, once in a while,
through direct rule, convey the seal of the court docket.

“Section 62 : Summons how served.”

(1) Each summons will be served via the usage of using a police officer, or issue to such
suggestions because the government may additionally additionally furthermore make on this
behalf, by means of an officer of the court docket issuing it or superb public servant26.

(2) The summons shall, if potential, be served for my part at the individual summoned, via
delivering or tendering to him one of the duplicates of the summons.

26
The Queen v. Punamaial, (1882) ILR 2 Mad.

14
(3) Absolutely everyone on whom a summons is so served shall, if so, required via the
serving officer sign a receipt therefore at the lower back of the other replica. 27

The manner of issuing method to accused with the aid of submit is not permissible.28

“Section 63 : Service of summons on corporate bodies and societies”

The provider of a name in a corporation may be made through serving inside the secretary,
local supervisor or other main officer of the company, or by letter sent by using certified
mail, addressed to the director of the company in India, in which case the service could be it
is considered that it became made when the letter would arrive within the regular path of the
mail.

“Section 64 : Service when persons summoned cannot be found.”

At the same time as the summoned individual can not, due to the exercising of due diligence,
meet, the convocation may be added through leaving one of the duplicates to him with some
adult male family member this is residing with him, and the person with whom the
convocation is left, if so, required by means of the provider officer, sign a receipt at the again
of the alternative duplicate29 .

“Section 65 : Procedure when service cannot be affected as before provided”

If the carrier can not be finished through due diligence, it can be achieved in line with the
provisions of phase sixty two, segment sixty three or in section sixty four, the service officer
will place one of the duplicates of the citation to a few Conspicuous a part of the house or
farm in which the person summoned usually resides; and then the courtroom, after
undertaking the investigations it considers appropriate, may claim that the citation has been
duly brought or request a new carrier in the way it deems suitable. The technique supplied in
this phase cannot be made use of, until provider in the manner referred to in section sixty
two, sixty three and 64 can't be effected with the aid of the exercising of due diligence30.

“Section 66 : Service on Government servant.”

(1) whilst the character summoned is inside the active carrier of the authorities, the courtroom
that problems the call will normally be despatched in replica to the head of the office in

27
Sahdeo Rai v. Emperor, (1918) ILR 40 All 577.
28
Nav Maharashtra Chakan Oil Mill Ltd. v. Shivashakti Poultry Farm, 2002 CrLJ 4446 (Kant).
29
G . V. Reddy v. OTS Advertising Pvt. Ltd., 2002 CrLJ 3515 (AP)
30
Beni Madhab v. Jadu Nath, (1925) 31 CWN 148, 149 : AIR 1926 Cal 1208 : 27 CrLJ 715.

15
which said character is employee and such leader can have the summons notified within the
way provided through segment sixty two, and return it to the courtroom under your signature
with the endorsement required by way of that phase.

(2) Such signature shall be evidence of due service.

“Section 67 : Service of summons outside local limits.”

Whilst a courtroom needs that a subpoena issued by using him be served anywhere outside
his premise’s jurisdiction, will generally send subpoenas in replica to a Justice of the Peace
within who’s the jurisdiction of the man or woman summoned is living, or is, to be there
duplicate31.

“Section 68 : Proof of service in such cases and when serving officer not present”

(1) Whilst a subpoena issued by a courtroom is served outside its neighbourhood jurisdiction,
and anyhow while the legitimate who has served a summons isn't always present on the
listening to of the case, a sworn assertion, that is meant to be presented earlier than a
magistrate, that stated citation has been fulfilled, and a reproduction citations that are meant
to be permitted (in the form provided by using phase sixty two or section 64) by means of the
person to whom it changed into brought or surrendered or with whom it turned into left, shall
be admissible as proof, and the statements made therein will be considered accurate unless
and until established in any other case.32

(2) The affidavit mentioned on this section may be connected to the duplication of the
summons and lower back to the court.

“Section 69: Service of summons on witness by post.”

(1) Now not with standing the provisions of the preceding phase of this bankruptcy, a court
that issues a sub plena to a witness may, further to and concurrently with the problem of such
subpoena, ship a copy of the subpoenas to be added through certified mail addressed to the
witness in the vicinity wherein he generally is living or does commercial enterprise or works
in my view to make a earnings.33

31
Ghulam Mohd v. Rasoolan, 1991 CrLJ 2937 (J & K).
32
State of Sikkim v. M. K. O. Nair, 1986 CrLJ 415.
33
Emperor v. Sheikh Nasur, (1909) ILR 37 Cal 122.

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(2) While an acknowledgment this is supposed to be signed by means of the witness or an
endorsement that a mail clerk makes the witness refused to obtain transport of the quotation
has been obtained, the court issuing the citation can also declare that the citation has it has
been duly served.

“Section 91: Summons to produce document or another thing”

(1) Whenever a court or any officer in charge of a police station considers that production of
any document or other thing is necessary or desirable 34 for the purpose of any investigation,
investigation, trial or other proceeding pursuant to this Code by or before said Tribunal or
official, said Tribunal can issue a subpoena, or said officer a written order, to the person in
whose power or power is believed that such a document or thing is, which requires that he
attend and produce it, or that produce it, at the time and place indicated35 in the call or order.

(2) Any person required under this section virtually to produce a report or some thing else
may be is considered to have complied with the request if it reasons that file or element to be
Produced instead of attending personally to supply the document36.

(3) Not anything in this segment will be deemed –

(a) to affect, section 123 and 124 of the Indian Evidence Act, 1872(1 of 1872), or the
Bankers, Books Evidence Act, 1891 (13 of 1891)

(b) To use to a letter, postcard, telegram or different record or any parcel or component
inside the custody of the postal or telegraph authority.37

“Section 92: Procedure as to letters and telegrams.”

(1) If any report, package deal or thing underneath the custody of a postal or telegraphic
authority is in the Opinion of the district Justice of the Peace, the leader judicial magistrate,
the court docket of periods or the superior court searched for the reason of any research , trial
or different proceeding pursuant to this Code, stated magistrate or court docket may require
the postal or telegraphic authority, because the case can be, to deliver the record, package
deal or element to the individual the Justice of the Peace or court shows38.

34
Ajay Mukerji v The state, 1971 CrLJ 1329.
35
Shyamlal v. State of Gujarat, AIR 1965 SC 1251 : (1962) 2 CrLJ 256.
36
T. Subbaiah v. Ramaswamy, 1970 CrLJ 254 : AIR 1970 Mad 85.
37
Lotan Bhoji v. The state of Maharashtra, (1974) 77 Bom LR 70 : 1975 CrLJ 1577.
38
Jagadish Prasad Sharma v. State of Bihar, 1988 CrLJ 287 (PAT)

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(2) If such file, bundle or thing is, inside the judgment of some other magistrate, if executive
or Judicial, or any District Police Commissioner or Superintendent of Police, hunted for that
purpose, can also require postal or telegraphic authority, because the case can be, for the
quest to be carried out and to forestall stated document, package or thing pending the order
of a district Justice of the Peace, chief Justice of the Peace or court of subsection (1)39.

“Section 105: Reciprocal arrangements regarding processes”

In which a court docket inside the territories to which this code extends within the section
referred to as the stated territory’s dreams that –

a) a summons to an accused character, or

b) a warrant for the arrest of an accused character, or

c) a summons to any individual requiring him to attend and convey a document 40 or different
issue, or to provide it, or

d) a seek – warrant, issued by way of it shall be served or accomplished at any place41.

Difference between the procedure of trail for warrant cases and summon cases:

A police report is defined on this Code and in accordance with these provisions, "Police
report approach a record despatched through a police officer to a Justice of the Peace below
the segment. 173 of the code. whilst anyhow of judicial order instituted in a police file, the
defendant appears or appears earlier than a Justice of the Peace at the start of the trial. A
magistrate will make sure he has complied with the provisions of the code.

The two categories in which the criminal cases can be classified on the provisions laid
down in the code are as below:

1. Summon Case –

Definition of summon case is given in 2(X) manner, summon case technique a case regarding
an offence not being a warrant case.

2. Warrant case –

39
Kailash Chandra v. Superintendent of post offices, AIR 1960 Punj 412 : 1960 CrLJ 1134
40
State of M . P. v. Balram Mihani (2010) 2 SCC 602.
41
J. Jayalalitha v. The state, 2002 CrLJ 3026 (Mad).

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Means a case relating to an offence punishable through loss of existence, imprisonment for
life or imprisonment for a exceeding years.

The criteria of summons case and warrant case determine the period of punishment in any
offence is punishable with quality of Rs. 50/- then such be counted is summons case, a case
of Public Prosecutor v. Hindustan automobiles, Andhra Pradesh – 1970.

Relation of summons cases to offences under IPC :-

The offences which are the punishes less than 2 years come under there summons cases and
there are some exceptions like i.e., Public Servants.

In the context of public servant , it is an exception because of the privileges a public servant
has.

Regarding defamation , at initial stages, summons are issued and the case goes on with the
later procedure.

Regarding criminal intimidation there the maximum punishment is two years, which can be
brought under the summons triable cases.

Conclusion :

The summons case way that a case with respect to partner within the crime of nursing, and
now not be a case of courtroom order. Case of order means that a case on the subject of the
infraction of associate in Nursing that is punishable through: death, imprisonment for
preservation or Imprisonment for an Olympic term of two years. it has been cited earlier
inside the provisions that if the Suspect has been inactive because of his plea, he has to make
do with his plea or he has to defend it. The decide of the primary class has the potential to
transfer the case of summons to the case of judicial order. If he the suspect pleads
responsible. Justice has to document the motive within the words of the suspect and in his
case. Discretion will condemn you for the offense. If the suspect isn't always a gift to the
courts, if he pleads responsible for justice then he by means of mail to justice, in the letter
maintaining his plea and exceptional set the court for his offense has to be despatched.

There is no difference in the procedure between the trail of citation cases initiated in private
complaints and the trial of citation cases instituted in the police charge sheets.

The only point where there is a divergence between the two kinds of cases was that, in the
citation of the cases initiated in the police charge sheet, the Magistrate should see that the

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copies of the documents mentioned in Section 207 are delivered to the police. accused as
soon as he appears or appears before the Court, and the same is no longer a good practice,
since now the accused persons are entitled to the Copies regardless of their classification.

The term "summon cases" has been defined, in a terrible sense, in segment 2 (w) of the CrPC
as "a case related to an offense, no longer being a case of judicial order". alternatively, a
"court docket order" approach a case related to a crime punishable with the aid of dying, life
imprisonment or imprisonment for a length exceeding years.

Bibliography :

 https://www.legalbites.in/ crpc-notes-trial-in-summons-cases/
 www.preservearticles.com/2012032929251/trial-of-summons-cases.html
 https://onlinelibrary.wiley.com

Books :

 The Code of Criminal Procedure – Ratanlal & Dhirajlal

 Criminal Procedure – R. V. Kelkar’s

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