498 A

Raj srivastava (Querist) 13 September 2009 This query is : Resolved
Am currently in UK and there is a 498 A trial hapeening against me .Can i get a reference to a high court or supreme court judgement that i could quote for representing me in court using a power of attorney to my mother .riven

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deepak kumar (Expert) 13 September 2009
you can file an application for exemption from personal appearance and your advocate will appear for youriven

Raj Kumar Makkad (Expert) 13 September 2009
There is no provision in Cr. P. C. vide which an accused may provide his GPA in favour of his relatives to appear before the courts on his behalf. Crime is personal hence appearance is also personal. So far matter of exemption is concerned, it is also not a permanent cure. after all you have to face the trial.riven

Adinath@Avinash Patil (Expert) 13 September 2009
In criminal procedure there is no provision for appearance through power of attorny holder. you appear first date and file permanent exmption application if court satisfied you grounds you will get exemption.riven

Sachin Bhatia (Expert) 13 September 2009
First of all you have to furnish the bail bounds and surety bound before the Ld. Court if the court accept the bail bound then file application for permanent exemption, if court satisfied with your grounds you will get exemption. Otherwise there is no provision in criminal procedure code for appearance through power of attorny holder.riven

Sarvesh Kumar Sharma Advocate (Expert) 13 September 2009
agree with d view of mr. sachin bhatia.riven

Raj srivastava (Querist) 13 September 2009
Thanks friends. I understnad the power of attorney does not work in criminal case. Me and my wife have gien a written application to the court that we do not want to the matter to continue. She has given a written application to the court that she does not want the matter to continus. We have filed a joint petition for quashing of FIR. Now idally the court should facilitate the process and quash the FIR. The judge is specifically asking for a prior judgement where 498a has been quashed and power of attoney was part of the documents submitted. If anyone knows of such a judgment or guide me to specific resource where i can find one, it would be very helpful. My lawyer is looking for,but has not been able to find one, case if coming up for hearing on tuesday.
riven