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malvinder (self)     12 August 2012

Quashment through special power of attorney

Sir, my brother's marriage took place in USA with NRI US citizen girl.in 2001. Earlier in 2000 ring ceremony took place in India.He was living as Ghar Jamai.and life was not smooth going.In 2and half years the circumstances became so worst that he was forced to leave the house or rather he was thrown out from his in-laws house.The wife applied for default annulment there by saying that her husband fled away from home and she got it .Father came to India and filed FIR .against boy and family members.After a series of enquires , all families members here in India are found innocent and case left only against the brother who is in USA.police started proceedings and declared him PO.now i want to ask if hecan go for quashment through special power of attorney father or myself  (brother) who are also accused in the FIR, as it is not possible for him to come to India because of PO .



Learning

 3 Replies

keshav (legal consultanat lawyer)     15 August 2012

Hello Sir, I just want to ask you that for use of Special Power of Attorney in criminal cases, is there any Case Laws affirming the view..??

If So, kindly mention in your reply. 

Thanks.

SARVPREET SINGH GURNA (Advocate)     16 August 2012

The legal view followed by the Hon'ble Punjab and Haryana High Court is that Quashing of the FIR u/s 482 Cr.P.C. is NOT maintainable through Power of Attorney. The relevant case law is 'Amit Ahuja versus Gian Parkash Bhambri' 2010(3) RCR(Criminal) 586 (P&H).


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