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vivek (mgr)     20 July 2014

Quash for absconder

dear members,

can an absconder apply for quash ?



Learning

 6 Replies

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.

 

Regards,
 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

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


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