Presence of all accused dose not required , mainly complainant and any other accused is suffice.
And to sign vakalatnama, SPa can be execute by him to any one accused.
We have applied a petition under sec 482 to Cr .P.P.C requesting for quashing of the FIR u/s 498-A/406/34 IPC on the ground of dispute settlement. But one of the accused out of 11 is not in the position to appear in court as currently out of the country and have some issues. Please advise how to present his absence in the court so that quashing will be granted.
Does a Special power attorney or any other document can be submitted for that person in court? if yes what should be the text/ format.
Presence of all accused dose not required , mainly complainant and any other accused is suffice.
And to sign vakalatnama, SPa can be execute by him to any one accused.
1) personal presence of complainant is must
2) on basis of settlement HC can quash FIR
3) presence of all accused is not necessary unless HC insists on their presence
HC insist on the presence that's why seeking available legal options to quash
What to do than presence is must, or file review and request to condine his presence as duly represented by appointed advocate.
1. In quashing case the physical appearance of the accused persons is not required.
2. If the complainant is giving consent for quashing then the court may ask for his personal appearance but the presence of accused person is never necessary.
3. However if the high court in unlikely event direct the physical appearance of the accused person then his attendance can not be dispensed with by his POA holder.
See his presence can be waived of by the court you may pray same if complaint is there and agreeing to quashing.
The accused doesn't have to be present in the hc. However vakalatnama should be signed and any one of you can become a pairokar on behalf of the other persons. You can send a pdf file and he can sign it and send it through post.
Regards
Dear
For quashing of FIR in High Court the presence of all accused is not mandatory unless the court give such direction.
If court is insisting on the presence of all accused then the accused abroad must send some proof That he is unable to travel to India due to that condition and send affidavit attested from Indian Consulate along with the letter of extemption.
Court may after recieving the letter extempt his personal presence for hearing and quash the FIR.
Sorry The charge which you have stated in your question are not paid to me so it is not possible to answer your question
high court may quash the fir in the absence of one accused without seeking his personal appearance. The relevant documents placing before the court the reasons for his absence would be required to justify the non appearance.
For quashing the FIR, the accused is not required to be present before high court.
Why do you insist on the missing accused's presence before high court when ther is no necessity for any accused to be present before high court for this purpose.
You may clarify the issue once again from your advocate.
If he is not available to appear before the trial court, then a petition under section 205 cr,.p.c. may be filed to dispense with his personal appearance before the said court for the reasons you may rely upon.
Power of attorney cannot be given by the accused to anyone to represent him before the court in the criminal cases.
Dont get misguided by such false assurances.
If high court is insisting his presence, then you may remove his name from the list of the petitioners and apply for quash for others alone who will make themselves available and present before the court on the dates of hearing.