Sir,
We filed a private complaint u/s. 420 and lower court issued summoning orders by way of arrest warrants against the accused. The accused approached High court u/s. 482 in his name but through his power of attorney for quashing summoning order and complaint. We filed objection in W.S. on the ground that an accused cannot approach High Court through POA in a criminal case. Thereafter, the accused without information to High court, revoked POA and after few hearings, then himself filed amendment application to remove POA and substitute his name in place of POA.
Is it permissible to file amendment application in a petition u/s. 482 to quash proceedings of a criminal case?
Is the accused himself is authorised to file amendment petition after revoking POA without taking permission from court ?
Will the present application termed an amendment or instituting a new petition?
Thankyou.
Gaurav
