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I need to file a Criminal case in India over land/property matter. I am a PIO living in UK. Can someone preferably lawyers tell me the steps needed to be taken to file a criminal case? Also can I assign a power of attorney to someone there to file the suit and if need be, also attend hearings on my behalf? At what point would my physical presence be required in a criminal case?

2007-06-22 18:03:52 · 5 answers · asked by Anonymous in Politics & Government Law & Ethics

I am not sure of difference between case and suit. I know that I need to file criminal charges in a land grabbing pending civil suit with many adjoining cases.

2007-06-23 16:03:02 · update #1

5 answers

First let me tell about the criminal complaint. As far filling any criminal complaint against any person requires the personal presence of the complainant in each & every date of hearing unless this presence has been exempt by the court where such complaint has been filled, the reason the basis of this exemption can be granted can be on health grounds or any grounds which are reasonable & the presence of the complainant cannot be made without his or her enormous losses, the court has to be satisfied with the sufficient evidence with regards to the reason prayed for the exemption. So in a criminal complaint the presence is required at all points till the whole complaint has been heard & decided by the investigating court in India. No power of attorney works for criminal complaints only the personal presence of the complainant although being represented by the advocate/lawyer is allowed. Now lets come to the civil suit, in the civil suit the personal presence of the plaintiff/petitioner can be exempt if he or she is being represented by the advocate/lawyer in the court, the said person even engage a power of attorney to attend the court dates on his or her behalf & give instruction to the advocate/lawyer during the proceedings in the courts & based on his or her instructions the advocate/lawyer will conduct the matter in the court. The instructions given by the POA in the civil suit will be taken as been sufficient as it will be on behalf of the principle as the general power of attorney given to him or her will carry this clause itself. Any settlement made by such POA will also be valid if the GPA mentions such clause. The personal presence of the main plaintiff/petition will be required only at the time of his or her personal witness if required in the matter or for the purpose of his or her signatures or documents that the court can order then the person has to appear in person & assist the court in the proceedings not otherwise. This brief & simple procedure I have given you to understand & act accordingly. You can always engage a lawyer on power of attorney for looking after your civil suit & even engage separate lawyer who will be representing your matter in the civil case, the reason for having two separate lawyer means less chances of missing the dates in your civil suit as if the main lawyer/advocate is presence on a particular date at least your POA can attend the case & help the court to proceed further, hence your matter continues moving forward otherwise if you have only one person doing all this work for you & if he is absence on a particular date for some reason then there will not be any further proceedings in the matter & the whole case get delayed. Let me tell you very frankly the cases getting delayed in India are mostly because of absence of the lawyers / advocates on the date of hearing or because of their casual approach & in order to deal a lawyer / advocate in the court you need another lawyer sitting on his head an ordinary person wont be able to act or get things done. For any further help write to me directly.

2007-06-24 19:58:37 · answer #1 · answered by vijay m Indian Lawyer 7 · 1 0

1

2016-06-04 03:20:16 · answer #2 · answered by Audra 3 · 0 0

You mention criminal case and then you mention Suit (which is civil). You have not described what your matter is, however if it is in Mumbai, I can recommend Advocate R Sathyanarayanan (mob: 98200 42060) as a sincere, experienced criminal lawyer, and Advocate Manda Lukey (mob: 98208 78442) for civil. If it is a Civil matter, you can give a Power of Attorney. In criminal matters, you would have to be present personally at least for filing of the Complaint, and later whenever your presence is required.

2007-06-23 04:20:05 · answer #3 · answered by ? 4 · 0 1

It smells very fishy! I examine that article, then did a google seek for different articles and located no longer something that explains why the Justice branch dropped the charges. i've got considered plenty hypothesis interior the "blogosphere", yet no longer something that i could evaluate actuality-based to describe Justice's fairly motives. one element i presumed unusual... "profession legal professionals" (as against political appointees?) have been stated a minimum of a nil.5 dozen circumstances for the time of that article. Why that massive difference? Is that a 'hint"? At this factor, extra questions have been raised than replied and that i think of we are in basic terms on the early beginnings of this tale unfolding.

2016-10-18 10:45:01 · answer #4 · answered by hardage 4 · 0 0

Criminal Records Search Database : http://InfoSearchDetective.com/Info

2015-10-06 00:19:21 · answer #5 · answered by Flora 1 · 0 0

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