Rampal Singh (bussiness) 29 August 2015

Procedure after scrutiny objection in allahabad hc

Dear Sir,

I am outside India and I tried to file quash of a criminal case against me in Allahabad HC under section 482 through Power Of Attorney granted to my father. Now, the registrar raised an objection in scrutiny asking for a verification from Indian Embassy which Indian Embassy refuses to give. So I am stuck that my petition is not being forwarded for argument. What can be next step for me? Is there any rule under which the petition can be brought to argument along with Registrar objection (and if Judge finds merit in Registrar's objection he can dispose it accordingly)? If not, can I move to Supreme Court? From what I have learnt, I can move to SC only after petition is dismissed by judicial order from High Court (and not on Registrar objection). Can someone please let me know.

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2 Replies

Dr J C Vashista (Advocate) 30 August 2015

The power of attorney has to be attested by Indian Mission (High commissioner/Ambassador) of the country where you are living and executing the POA.

Rampal Singh (bussiness) 30 August 2015

But sir, Indian mission simply refuses me to provide this service. What is the possible step I can take? Can I move to SC? Is there a way Allahabad HC will allow me to move forward with application (possibly with objection)?

On a slightly different note, it seems, since 2005, Apostille is valid substitute to Indian Mission verification. Is there a reason that Allahabad HC won't accept Apostille instead? I have Law Ministry orders that Indian courts are obliged to accept Apostille as a substitute of Indian HC verification.