umapathi.s (Advocate) 18 May 2009
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
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.
adv. rajeev ( rajoo ) (practicing advocate) 19 May 2009
I agree with Doctor.
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