Legal Question in Criminal Law in India
A couple is residing in UK whether their power of attorney can file criminal comlaint on their behalf U/S 468,120 IPC without examing them in court and accused person can be convicted without examing of compainant?
4 Answers from Attorneys
If you give General POA then he can.
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No. In a "complaint case", no conviction is possible without personal appearance of the complainant and without giving a chance to the accused for cross examining the complainant. The PoA may not be allowed to substitute the complainant even for preliminary hearings for the purpose of summoning the accused.
They may, however, lodge F.I.R. with the police by registered post. If after investigation a final report u/s 173 Cr. P. C. is filed by the police in court concludiing commission of any offence, in that case the complainant may not be required to appear in court. In such a situation the complaint may become a "police case" and the police may prosecute the accused in accordance with law.
in case the offence is of such a nature that it constitute a crime where locus standi of the complainant is not of much importance, f.i.r. may be lodged on attorney. in case its related to private offence, then the opinion of Mr. Goel holds good.
As a general rule, any person can set in motion criminal law. Therefore, for filing of a criminal complaint of forgery, conspiracy etc. no power of attorney is necessary.
However, if certain facts and circumstances pertaining to the offence are withing exclusive knowledge of the couple or any of them residing in UK, then they need to depose in the Court.
Now-a-days, with advancement and implementation of modern technology in court, the couple living in UK may also depose by Video Conferencing.
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