Service of summons may be done through e-mail of persons concerned if situation calls for it

High Court of Judicature at Madras: A Single Judge Bench comprising of C.T. Selvam J., recently addressed a Criminal Revision Petition filed under Sections 397 and 401 of the Criminal Procedure Code against the order of the Judicial Magistrate.

The facts of the case are that the petitioners had filed a petition seeking permission to leave India and travel to Oman and that they be allowed to appear before the Court of the Judicial Magistrate on receipt of summons. This Court allowed the petition with the condition that the petitioners would have to return to India by 1/12/2018. Aggrieved by the condition placed on them, the petitioners moved the present revision.

The counsel for the petitioners argued that since the petitioners were engaged in business which required of them to travel abroad frequently, the aforementioned condition of returning to India by a certain date would be of great inconvenience to them. The High Court thus held that giving consideration to the situation of the petitioners, it would allow modifications to the order in question in the sense that the petitioners would have to file affidavits conceding to take communications of summons to their e-mail addresses as sufficient service on them.

Accordingly, the High Court allowed the revision petition and modified the order of the Judicial Magistrate and directed for the service of summons on the petitioners to their e-mail addresses as well as the residential address. [Premkumar Thangadurai v. State by The Inspector of Police; Crl.R.C. No.31 of 2018, order dated 11/1/2018]

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