9911796707
TMI Blog2022 (1) TMI 1421X X X X Extracts X X X X X X X X Extracts X X X X ..... eedings arising therefrom including the proceedings initiated against the petitioner u/s 82/83 of the Code of Criminal Procedure through his SPA holder. There are no ground to accept the prayer made in the present application the same is dismissed. - HON'BLE MR. JUSTICE RAJNISH BHATNAGAR For the Petitioner : Mr. Rajiv Kumar Garg, Advocate For the Respondent : Dr. M.P. Singh, APP for the State with SI Rajesh Kumar PS IGI Airport. ORDER RAJNISH BHATNAGAR, J. CRL.M.A. 10986/2021 1. By way of the present application, permission has been sought by petitioner/accused Amrinder Singh @ Raja to file the petition bearing No. CRL.M.C. 1571/2021 seeking quashing of FIR No. 258/2010 and the charge-sheet and all the proceedings arising therefrom in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an NRI company, the fact which was thoroughly investigated by the IO in May 2010. It is further submitted by the Ld. counsel for the petitioner/accused that the order dated 05.03.2016 declaring the petitioner/accused as absconder is bad in law and has been passed without following the due procedure. 5. On the other hand, it is submitted by the Ld. APP for the State that there are allegations against the petitioner/accused and it cannot be said that the case is of no evidence. It is further submitted by the Ld. APP that this is not the first time that the petitioner has been declared absconder and he further submitted that the petitioner was previously declared PO vide order dated 20.12.2011 and the said proceedings were dropped vide order d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s a minor, an insane person, or is suffering from any other disability, which, in law, is recognized as sufficient to permit any other person e.g. next friend, to move the Court, on his behalf. On behalf of minor, or insane person, a guardian or a next friend, initiates proceedings, so as to challenge the legality and validity of the order, passed against him, to seek redressal of the grievance, as under law, such a person having disability, cannot be said to be competent, to file a petition, except through next friend or guardian. In the instant case, there is nothing, on the record, that Amit Ahuja, petitioner, is suffering from any disability, recognized by the provisions of law. He is an accused, in the aforesaid complaint. It is he, wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s reasons to do so. Section 273 of the Code speaks of the powers of the court to record evidence in the presence of the pleader of the accused, in cases when personal attendance of the accused is dispensed with. But in no case can the appearance of the accused be made through a power of attorney holder. So the contention of the appellant based on the instrument of power of attorney is of no avail in this case. 9. In the instant case as well the petition has been filed through SPA holder which is per se not maintainable. Therefore no permission can be granted to the petitioner to file the present petition bearing No. CRL.M.C. 1571/2021 under article 227 of the Constitution of India read with section 482 of the Code of Criminal Procedure seek ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
