Madras High Court Criticizes 12-Year Delay in Serving Summons

Court Orders Disciplinary Action Against Police and Judicial Staff, Highlights Use of E-Summon Technology

In a significant judgment, the Madras High Court's Madurai Bench addressed a 12-year delay in the service of summons in the case of Ramasamy v. State of Tamil Nadu. The case, pending since 2013, saw the summons served only in June 2025, leading to severe criticism from the Court regarding lapses by both the Police and the Court Registry.

The petitioner, Ramasamy, a senior citizen, sought to quash proceedings in CC.No.128 of 2013, following charges under Sections 294(b), 506(i) IPC, and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act. The Court, presided over by Mr. B. Pugalendhi, J., found significant lapses in the procedural handling by the police and judiciary, which led to an undue delay in the trial.

The Court identified critical failures in adhering to Tamil Nadu Police Standing Order No. 715, Section 67 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and Rule 29(11) of the Criminal Rules of Practice, 2019. These provisions outline accountability structures to ensure timely service of summons. However, the Police failed to serve the summons and did not provide necessary affidavits detailing their attempts, while the judiciary mechanically issued fresh summons without verifying compliance or considering statutory alternatives like substituted service.

Disciplinary action has been initiated against erring police officials under relevant Tamil Nadu disciplinary and pension rules. Additionally, a directive was issued for the implementation of an e-summon mobile application to prevent future anomalies, urging cooperation between the Police, the Director General of Police, and the Court's Registrar General.

The Court concluded that while the procedural delay was inexcusable, it did not justify quashing the proceedings against the petitioner, especially since the trial had commenced. The trial is directed to proceed uninfluenced by the judgment's observations, with a mandate to conclude within three months.

Bottom Line:

Delay in service of summons for 12 years due to lapses by Police and Court Registry - Accountability measures under Tamil Nadu Police Standing Order No. 715, Section 67 of Bharatiya Nagarik Suraksha Sanhita, 2023, and Rule 29(11) of the Criminal Rules of Practice, 2019 highlighted. Trial to proceed uninfluenced by observations in this order.

Statutory provision(s): Tamil Nadu Police Standing Order No. 715, Section 67 of Bharatiya Nagarik Suraksha Sanhita, 2023, Rule 29(11) of the Criminal Rules of Practice, 2019.

Ramasamy v. State of Tamil Nadu, (Madras)(Madurai Bench) : Law Finder Doc Id # 2797181