complaint case
VIJAY K. TEOTIA
(Querist) 16 June 2010
This query is : Resolved
In a complaint case, if accused are summoned by the court, can the accused appear through advocate to challenge the summoning, or is it mandatory to appear in person and get bail first before filing objections. can the accused appear through advocate before summoning and on the date of arguments on summoning, if it comes to knowledge to accused about the case.although criminal revision is another alternative but practically it is rarely allowed. pl reply with provisions.
Raj Kumar Makkad
(Expert) 16 June 2010
After receipt of notice, appearance in person is mandatory and after getting bail, the summoning order can be challenged in revision. Merely advocate cannot do anything.
adv. rajeev ( rajoo )
(Expert) 16 June 2010
after receipt of summons you can file an application u/s 205 of cr.p.c. thru., an advocate claiming exemption appearing before the court for the day.
You can challenge the issuance of summons.
Devajyoti Barman
(Expert) 17 June 2010
The issue of process(summons) is a judicial order which can only be set aside by the higher court. In my opinion the accused can challenge the issue of process by filing revision and before that his advocate can appear by filing vocalatnama.
Legal Fighter
(Expert) 17 June 2010
It can also be challenged by filing petition u/s 482 CrPC in High Court.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 June 2010
No once the process is issued even high court has limited scope to set it aside according to various latest judgments of the Supreme court after famous Adalat prasad judgement.
Please note the defference in a false complaint, false allegation and techincal mistakes in making allegations.
Whether right or wrong every accused will claim that the complaint is false so higher courts can not interfere prior to full trial.
Accused has chance to agitate before HC u/s 482 only and only if the allegations are so framed that the same do not attract commisiion of offence alleged otherwise not at all.
