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Nitin Kotian (Advocate)     28 July 2012

Poa holders appearance in a criminal matter

Hi

I am apprearing for my client against whom a case has been filed before the Joint Registrar in a Conveyance Matter under the Maharashtra Ownership Flats Act 1963. Since he is working in the Merchant Navy he has is represented by his wife through Power of Attorney in the above mentioned case.  My client is arguing that there are some documents which are forged by which he approached the concerned police station wherein the police has accepted the complaint. However till date the FIR is still not lodged.

My query is if i have to file a Private Complaint through Sec 156(3) of the Criminal Procedure Code can the POA Holder who is aware of the facts can depose before the Hon'ble Magistrate Court. If not what can be done so that i can get a courts order to file a FIR.

Regards,

Nitin P Kotian



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