Court appearance
Sanjeev Hota
(Querist) 05 June 2014
This query is : Resolved
What happens if my friend couldn't appear in court on the specific date because of unforeseen circumstances?
By the Power of Attorney vested on me by my friend I can I appear in court on his behalf on a date of appearance given?
Lawyer SALEEMA
(Expert) 05 June 2014
You can, on a prior permission of the Court by filing petition to accept the power deed executed in favour you, if your friend has been asked to appear before the court either as witness or party in respect of civil matter.
If he has been asked to appear as party in criminal proceedings, you can't.
Sanjeev Hota
(Querist) 05 June 2014
Thanks Mr Saleem for the prompt reply. The situation really is very critical for him not being able to appear in a criminal case in another state. But what is the remedy then for no appearance?
ajay sethi
(Expert) 05 June 2014
make application for exemption for personal appearance until further orders
Lawyer SALEEMA
(Expert) 05 June 2014
Ask your friend to file application through an advocate to dispense his personal appearance by stating the reason.
Devajyoti Barman
(Expert) 06 June 2014
In criminal case POA holder can not substitute accused person.
If he can not appear in one particular date, no problem in it. His presence can be exempted.
However if he faces difficulty on multiple dates then he can move application u/s 205 crpc.
Dr J C Vashista
(Expert) 06 June 2014
I agree with Ms. Saleema Kabeer to a great extent, if the person is complainant and not accused.
I fully agree with Mr. Devajyoti Barman. The exemption can be availed through POA/ Counsel giving an undertaking for no objection in acceptance of notice or recording evidence in the absence of accused.
Rajendra K Goyal
(Expert) 06 June 2014
Agree with the expert Devajyoti Barman ji.
V R SHROFF
(Expert) 06 June 2014
Not allowed in Family Court & Criminal Proceedings . In Civil / 138 ni etc, POA cannot depose, so at time of Evidence, Party must remain present.
T. Kalaiselvan, Advocate
(Expert) 09 June 2014
I agree with the opinions rendered by all experts. In a criminal case, the accused cannot appear through his power agent, instead he can file an application u/s 205 Cr.P.C seeking permission of the court to dispense with his personal appearance before the court on each and every hearing but to be represented through his advocate. As a complainant, he can be represented through a POA to certain extent, the POA will not be permitted to examine himself in chief as well as cross examination due to insufficient knowledge about the case,that time only the complainant will be required to be present before the court.
