Legal Question in Criminal Law in India
criminal complaint
can a criminal complaint be filed through power of attorney in cases other than that of Negotiable Instrument act. specifically complaint under section 420 of the ipc by private person. if yes than whose examination is necessary, of the complainant or of the attorney holder
6 Answers from Attorneys
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.
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