Legal Question in Criminal Law in Colorado

Re: Appearance of complainant before the court in a criminal case

You may both your remedies - civl and criminal - without personally appearing.

The criminal case can be instituted by informing the police by post and by pursuing the authorities via e-mail/letters/phone-calls.

Re: Appearance of complainant before the court in a criminal case

it is advisable that you file the case and come once for the registration of f.i.r. to india and after that an application for permanent exemption may be moved before the court concerned. you can file the complaint u/s 420,468,471 r/w sec. 120B of indian penal code. this matter pertains to which state in india? you may send in more details of the case at [email protected] or call at +91 9811284735..

Re: Appearance of complainant before the court in a criminal case

Dear Sir,

My suggestions are :-

(1) You can lodge a criminal complaint against the owner of the property (The identity of the property must be clearly mentioned in the said agreement) for cheating;

(2) You can go for civil case to 'set aside' the sale;

For filing criminal complaint as well as for filing the civil case your presence is not necessary. You can execute a special 'General Power of Attorney' and get it endorsed by your Indian Embassy official at the country of your current residence. If you need any further clarification email me [email protected]

Re: Appearance of complainant before the court in a criminal case

The presence of Complainant is must for pursuing a criminal Complaint in the Court. However, this does not necessarily means his physical presence. In appropriate case, the Complainant can authorise his Power of Attorney to sign, file and pursue the criminal complaint on his behalf. However, if the PoA holder is not aware of any facts and only the complainant is aware of the facts, then for evidence, the complainant will have to come. Recently, there was a case decided by Supreme Court of India in these terms.

Though it is mandatory for the complainant to come for every hearing, however in appropriate cases, the Court can exempt the complainant from appearence.

Sunil Goel,advocate

New Delhi 09810215488 For more information on such things, you may kindly refer to my Book "COURTS POLICE AUTHORITIES & COMMON MAN" at my website www.sunilgoel.org

Re: Appearance of complainant before the court in a criminal case

No you can give a POA to someone and you can file civil and criminal case. The Criminal case will be against Sec 420 IPC.

Re: Appearance of complainant before the court in a criminal case

In a private complaint filed in the court, presence of complainant is generally necessary for presenting the complaint and even on subsequent dates.

However, complaint pertaining to cheating and other allied offences can be filed by anybody conversant with the fact and in such complaint you could be a witness.

About merits or otherwise of the case, you need to consult your lawyer with all the details and documents.