Legal Question in Criminal Law in India

Re: criminal complaint

Yes filing can be done with the permission of the court but for deposition the complainant has to be present.

Re: criminal complaint

yes with the permission of the court.

Re: criminal complaint

Maintainability of criminal complaint by power of attorney is doubtful.

Re: criminal complaint

the criminal complaint u/s 420 cannot be filed by an attorney.

Re: criminal complaint

It may be better for the complainant to depose in the court.

Re: criminal complaint

A criminal complaint under Negotiable Instruments Act can be filed through Power of Attorney but for this leave of the court is required and original PoA is required to be produced at the time of taking cognizance. This was held by Delhi High Court recently in "Ravi Gupta vs R.C.Tiwari" III(2008)BC 114. Similarly, as language of Section 302 CrPC shows, a PoA holder can file and pursue a criminal case with the permission of the Magistrate concerned. The Magistrate has a dicretion whether to give or not to give such permission. He may have to be satisfied as to why the complainant can not appear in person.