Constituted attorney filing criminal case
Querist :
Anonymous
(Querist) 13 November 2011
This query is : Resolved
1. Agriculture Land was in my mother's name. My mother is senior citizen and can't attend court/policeproceedings, as jurisdiction is 500 kms away.
2. The land was transferred to third party(TP) by making bogus entry in conjunction with Tehsildar, who passed order of land transfer 5 years back to TP.
3. I have Power Attorney on her behalf.
4. Advocate appointed says I can't file Criminal proceedings on her behalf in court, she must come.
Query
1. What can be done in such situations.
2. Any citation would help.
ajay sethi
(Expert) 13 November 2011
he can file criminal case but your mother will have to come to give evidence
Guest
(Expert) 13 November 2011
you can file criminal complaint. there is no bar.
Arvind Sehdev
(Expert) 13 November 2011
If she cannot come to give the evidence then court can also appoint a local commissioner to take that evidence...
File for that application also along with the complaint.....
Querist :
Anonymous
(Querist) 13 November 2011
there is some case law recently on this matter....any leads
ajay sethi
(Expert) 13 November 2011
In Muthukaruppan v. Raghavan – 2006(2) KLT 996 a learned Single Judge of the Madras High Court has held that a complaint can be signed and filed and sworn statement also can be given by the power-of-attorney of the payee or holder-in-due course, but at the time of the trial of the payee or holder-in-due-course himself will have to mount the witness box.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 November 2011
The HC citation seems to in contradiction of earlier SC citation. Even other wise section 60 of evidence act will prevail and hence no poa for criminal cases.
Arvind Singh Chauhan
(Expert) 13 November 2011
You can file complaint on behalf of you only there is no bar, even a stranger may complain for a crime. But you can't file, on behalf of your mother.
I think the citation referred by Sethi Sir is related with NI Act which is different form the facts here.
Querist :
Anonymous
(Querist) 13 November 2011
I spoke with advocate now , he told the citation referred is for NI Act,
Arun Kumar Bhagat
(Expert) 13 November 2011
I agree with Mr.Arvind.Anybody can put the criminal Law into motion unless expressed otherwise like N.I.Act, 498 A IPC, 494 IPC etc.
Devajyoti Barman
(Expert) 13 November 2011
Criminal case can not be filed by the constituted attorney.
Querist :
Anonymous
(Querist) 13 November 2011
In particular case , there is clear evidence of corruption done by Government officer , by passing false order.
In that case can I file criminal case, pls elaborate
Raj Kumar Makkad
(Expert) 13 November 2011
FIR can be filed by any person having knowledge of the facts and there is no need even to obtain POA for this purpose.
prabhakar singh
(Expert) 14 November 2011
I agree with the last answer of Mr.Makkad.
Querist :
Anonymous
(Querist) 14 November 2011
FIR is the way, I am talking about filing an FIR against Tehsildar(Taluka Executive Magistrate) will Police Stn take FIR.BTW by tommorow will having certified copies of Bogus entries.
Shonee Kapoor
(Expert) 14 November 2011
Nothing more to add.
Go ahead and file the FIR
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 14 November 2011
opinion of some experts whether criminal case can be filed
Dear experts,
Whether a Genral power of atorney holder can file a criminal case on behalf of the complainant and give evidence on behalf of the complainant.
And such power of attorney should be registered or notarised.
Expert : s.subramanian
Posted On
08 August 2010
he can file the criminal case. but not competent to give evidence. notarised poa will suffice.
Expert : Rajendran.m
Posted On
08 August 2010
He can file a complaint in criminal cases on behalf of the owner ,but he has not given evidence in the court.Because some persons fully not knowing the fact of complainant's case,he is only agent that's all.
author : R G TIGRANIA ADVOCATE
Posted On
08 August 2010
My problem has two parts-
First is in what manner power of attorney should be executed, notarised or regd.
Second is that the complainant has filed a criminal case and leter a GP holder has come in to give evidence on behalf of the complainant. Whether this is allowed in criminal cases.
Any provison of law in this matter.
Expert : Devajyoti Barman
Posted On
08 August 2010
Any form of gpa would do. The supreme court has asked the courts not to allow the constituted attorney to give evidence unless he has first hand experience.
Expert : skjadvt-sardarsena
Posted On
09 August 2010
Please give citation ref .
Morever I have related querry in this matter. If the complainant is unable to attend the proceedigns what procedure to be followed to allow GPA holder to conduct further proceedings.
Expert : skjadvt-sardarsena
Posted On
10 August 2010
Now I have come across the citation of Supreme court in this matter.
Janki vasudeo bhojwani vs Indsind bank.,
255 ( 2 ) SCC 217
I request the experts to please locate this citation and post on this site / thread for benefit of all.
Expert : skjadvt-sardarsena
Posted On
10 August 2010
correction for the citation no :-
it is 2005 ( 2 ) SCC 217.
Previous
filed by power of attorney holder
ajay sethi
(Expert) 14 November 2011
This Court has always recognized that the power of attorney holder can initiate criminal proceedings on behalf of
his Principal. In Ram Chander Prasad Sharma v. State of Bihar and Anr. MANU/SC/0280/1966 : 1967CriLJ409 , the
prosecution was commenced in regard to tampering of electric meter seals, with a charge sheet submitted by the
police after investigation on a first information report by one Bhattacharya, Mains Superintendent of Patna Electric
Supply Co. (`PES Co.' for short). An objection was raised by the accused that the prosecution was incompetent as it
was not launched by a person competent to do so. The said objection was based on Section 50 of the Indian
Electricity Act, 1910, which provided that no prosecution shall be instituted against any person for any offence against
that Act or any rule, licence or order thereunder, except at the instance of the Government or an Electric Inspector, or
of a person aggrieved by the same. This Court held :
...The P.E.S. Co., however, is a body corporate and must act only through its directors or officers. Here we have the
evidence of Ramaswami to the effect that he held a general power of attorney from the P.E.S. Co., and that he was
specifically empowered thereunder to act on behalf of P.E.S. Co., in all legal proceedings. The evidence shows that it
was at his instance that Bhattacharya launched that first information report and, therefore, it would follow that the law
was set in motion by the "person aggrieved". The objection basebased on Section 50 must, therefore, be held to be
untenable.
(emphasis supplied)
