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.


Asked on 3/20/07, 5:04 pm

4 Answers from Attorneys

JUZER UDAIPURI M/S. UDAIPURI & COMPANY

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.

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Answered on 3/24/07, 10:10 am
G. M. Gupta gmguptaandassociates

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.

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Answered on 4/29/07, 10:08 am
Shrichand Nahar S.V.Nahar, Advocate

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.

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Answered on 3/21/07, 5:24 am

Re: complaint case

yes,they can file a case in high court to quash.

quashing of case depends upon facts circumstance,evidence.

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Answered on 3/21/07, 9:18 am


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