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umapathi.s (Advocate)     18 May 2009

Memo of Apperance on behalf of the absconding Public servent

Respected legal experts, Kindly clarify the below problem.

A criminal case was registered against 2 public servents in IV ACMM court, &  warrant of arrest was issued against them who were absonding . but the collegue  approached the High Court for quashing the proceedings u/s 482 of the CRPC by  filing  Affidavit  on behalf of the accused abscondinn public servent and the Advocate made an apperance . whether it is justified ? who has to file the Affidavit and make apperance in the Court ? pl clarify  



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 2 Replies

Swami Sadashiva Brahmendra Sar (Nil)     18 May 2009

any person conversant with the full facts and circumstances of the case can file affidavit on behalf of accused . but  in the present case it appears that the deponent woul have conceal the fact of absconding. if so, the court , besides dissmissing the application , can take action against deponent.

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adv. rajeev ( rajoo ) (practicing advocate)     19 May 2009

I agree with Doctor.


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