I will appreciate if some oight is drawn on the subject that
Can an attorney holder depose in place of the complainant in complaint u/s 420 IPC?
Also if any case law is there on the subject, the knowledge of the same shall be highly appreciated.
Rajat Nanda 11 July 2017
I will appreciate if some oight is drawn on the subject that
Can an attorney holder depose in place of the complainant in complaint u/s 420 IPC?
Also if any case law is there on the subject, the knowledge of the same shall be highly appreciated.
Raveena Kataria (Advocate ) 11 July 2017
Section 256 under the CrPC clarifies if the complainant does not appear on the date of hearing in the court, the magistrate shall in most likeliness acquit the accused, provided that the complainant is not represented by a pleader or the magistrate feels that the personal attendence of the complainant couldn't have been done away with.
So, I don't think you should be facing any problems, however, I would advise you to inform/take prior permission from the magistrate.
R Trivedi (advocate.dma@gmail.com) 13 July 2017