O.31 R.5 General Rules 2018 | Mandatory To Serve Summons To Armed Forces Personnel Through Commanding Officer: Rajasthan High Court

Rajasthan High Court has said that an armed forces personnel–posted as a Soldier, Sailor or Airman, must be served summons for service of a case through their commanding officer as provided under General Rules (Civil & Criminal) 2018. The court was considering the question 'Whether the service of summons upon a person, who is posted as Soldier, Sailor or Airman in the Armed Forces can be treated as sufficient service, if the summons are send by the registered post?'The bench of Justice Anoop Kumar Dhand opined that such requirement was mandated by Order 31 Rule 5 of the General Rules (Civil & Criminal) 2018 (the “Rules”) so that sufficient time was granted for making necessary arrangement for relieving the concerned person from the operations of the Armed Forces."Perusal of the aforesaid provision makes it explicitly clear that it is mandatory for the Presiding Officer to send the summons for service to the Commanding Officer of such Soldier, Sailor or Airman along-with a copy, which is required to be retained by the person concerned. The aforesaid exercise is required to be done with simple reason that sufficient time is granted for making necessary arrangements for relieving the concerned person from the operations of the Armed Forces"For context, an FIR was registered against the petitioner a Indian Navy personnel, along with other co-accused under Section 498A (cruelty), IPC, in which no charge sheet was filed against the petitioner. Aggrieved by the same, an application under Section 190, CrPC was submitted by the complainant for taking cognizance against the petitioner. This application was rejected against which a revision petition was filed by the complainant, the Revisional court allowed the petition ex-parte, allegedly without serving summons upon the petitioner, who at the relevant time was posted with Indian Navy. This ex-parte order was challenged before the Court by the petitioner. It was submitted that the petitioner never received any notice of the proceedings, and it was only on the basis of a tracking report from the Postal Department, that the ex-parte order was passed. The petitioner argued that a complete mechanism for serving summons upon the Sailors, Soldiers and Airmen posted in Indian Armed Forces was provided under Order 31, Rule 5 of the Rules, which was not followed.The Court held that since in the present matter notices were not issued in the prescribed manner, the order of the Revisional Court had to be set aside."In the instant case, the notices have not been sent to the petitioner, in terms of the above statutory/mandatory provisions contained under Rule 31 Rule 5 of the Rules of 2018. On this count alone, the order impugned passed by the Revisional Court is not sustainable and the same is liable to be quashed and is hereby set-aside," the court said. Hence, the matter was remitted to the Revisional Court for passing of a fresh order, after providing due opportunity to the petitioner.“Since, the petitioner is aware about filing of the revision petition against him, before the Court of Additional Sessions Judge No.2, Jaipur Metropolitan-I, therefore, he is directed to place a copy of this order before his Commanding Officer and seek permission to appear before the Revisional Court through his counsel… It is expected from the Commanding Officer for passing appropriate orders allowing the petitioner to appear before the Revisional Court…”Accordingly, the petition was disposed of. Title: Dhananjay Kumar v State of Rajasthan Citation: 2026 LiveLaw (Raj) 218Click Here To Read/Download Order

O.31 R.5 General Rules 2018 | Mandatory To Serve Summons To Armed Forces Personnel Through Commanding Officer: Rajasthan High Court

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O.31 R.5 General Rules 2018 | Mandatory To Serve Summons To Armed Forces Personnel Through Commanding Officer: Rajasthan High Court

Nupur Agrawal

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