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Court: Can accused approach court through Power-of-attorney for quashing of case? SC to examine | India News



NEW DELHI: The Supreme Court has decided to examine whether an accused can approach court through Power-of-attorney for quashing of proceedings against him in a criminal case if he is not able to be physically present to pursue the case.
A bench of Justices Krishna Murari and Sanjay Karol issued notice on a plea of Britain-based Non Resident Indian to allow his petition filed through power-of-attorney given to his brother for quashing of criminal proceedings against him on complaint filed by his wife in dowry harassment case.
Advocate Amit Kumar, appearing for the NRI, impressed upon the court to examine and adjudicate the controversial issue as there is no authoritative pronouncement from the apex court on it and different High Courts follow different procedures. He submitted that in matrimonial disputes where husband or in-laws are living abroad and they are not evading the process of law, they should be permitted to file quashing petition u/s 482 CrPC through their family members or friends on the basis of Power-of-attorney.
Challenging Madhya Pradesh High Court order which rejected the petition filed through Power-of-attorney saying the plea was not maintainable, the petition said, “Right to access to justice or to avail legal remedy in the proceedings where personal appearance of the petitioner is not required, ought to have been permitted to file petition u/s 482 CrPC through his family members especially where petitioner is not absconding and he has reasonable inability to be present in India simply for the purpose of filing.”
It said that a division Bench of Punjab & Haryana had allowed petition through power-of-attorney and the order was very much applicable to the issue involved in the present case. The HC had said “Criminal proceedings under section 482 of Cr.P.C can be filed by an accused through an Attorney but the circumstances under which it can be so filed and would be maintainable would be dependent upon various factors including facts and circumstances of that particular case, which is better left at the wisdom and discretion of the Court.”
It said that the HC should have decided the petition on merit which was filed through his Power-of-Attorney given to his younger brother as the petitioner has to work abroad for his livelihood and he has not been absconding and ready to be present before the Court, as and when directed.
Agreeing to decide the issue, the bench issued notice to the state governemnt and his wife on whose complaint he was being prosecuted.


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