Legal Question in Criminal Law in Indonesia
complaint case
i filed a complaint case long time back warrant issued without enclosing copy of petiton against the accused persons, but till date they have not appeared, recently they applied copy of the case through their lawyer, can they file case in high court without appearing in lower court for quashing of complaint case. please suggest.
4 Answers from Attorneys
Re: complaint case
Sir, yes. They can approach the High Court without appearing in the lower court. However, you can point out their conduct and cause embarrassment. If their conduct is very bad, High Court may refuse to entertain them completely.
I hope I have answered your question.
Re: complaint case
yes they can apply to high court without appearing in the lower court.
it depends on facts and circumstances and they can get the case quashed but all this is not that easy. if your case is strong then he will appear on the next date of hearing.
find out the name of the lawyer and daily check the list of high court and whenever they file a case before the high court appear there and oppose their application/petition.
Re: complaint case
For approaching superior courts, one need not first appear in lower court. However, in the facts of your case, you can very well bring to the notice of the suprior court that the accused are not law abiding person since he/she did not care to the process of court.
Re: complaint case
yes,they can file a case in high court to quash.
quashing of case depends upon facts circumstance,evidence.