dear members,
can an absconder apply for quash ?
Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 20 July 2014
Since there are no provisions in law through which engagement of advocate is compulsory. Person may file or defend any case personally without engaging advocate as per U/S 32 of Advocate Act. You may send your relative as your council in the court after securing power of attorney from you. Your council will plead for you for your quashing.
however you should apply for anticipatory bail U/S 438 CrPC first.
Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 20 July 2014
The links bellow might helpful for you.
https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg
https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg
https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1
vivek (mgr) 20 July 2014
thanks for your reply.
My major question remains: Can a person who has been declared absconder in a dowry case, apply for Quash ?
Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 20 July 2014
yes, by sending his council in High Court.
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 20 July 2014
Yes, an abscounder can apply for quash, but then High Court can direct him to be present before it, which would create problems for him.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 20 July 2014
When proceedings are clearly irregular and void the courts will quash them, both in civil and criminal cases