Accused Can't Invoke High Court's Jurisdiction Under Art. 226 Or U/S 482 CrPC Through His Power Of Attorney: Karnataka High Court

The Karnataka High Court has held that a power of attorney holder of an accused cannot maintain a petition be it under Article 226 or 227 of the Constitution of India read with Section 482 of the Cr.P.C. or Criminal Petition under Section 482 Cr.P.C. A single judge bench of Justice M Nagaprasanna made the observation while dismissing a petition filed by one Samantha Christina Delfina Willis and others who are residing in London and had filed a petition seeking to quash a complaint filed by her husband. The bench said "I hold that the present petition filed by the power of attorney holder of the accused, without seeking any permission at the hands of this Court, and without even narrating in the petition that he is personally aware of the facts of the case, the writ petition filed under Articles 226 and 227 of the Constitution of India read with Section 482 of the Cr.P.C. is per se not maintainable, as the accused cannot be represented by a power of attorney holder and thus, maintain the subject petition." The court also imposed a cost of Rs.1,00,000 on the petitioners, to be deposited with the High Court Legal Services Authority, within four weeks. Case details. The petitioner got married to the complainant husband Syed Ali Hindustani through a website on June 6, 2021. It is alleged that from June 12, 2021, the wife was tortured by the husband/ 5th respondent barely five days after marriage. On July 11, 2021, the wife fled to her ancestral house at Kolkata. On July 17, 2021, the complainant and his parents travelled to Kolkata to persuade her to come back to Bangalore. Not acceding to the request, both the petitioners flew to London, United Kingdom. On November 14, 2021, the petitioners returned to Kolkata to seek annulment of marriage. By then, respondent/ husband had registered the complaint before the Police at Bangalore on November 11, 2021. It was alleged in the complaint that wife after marriage had taken all the jewellery of his mother stating that she requires them for a photo shoot as she liked ethnic Indian jewels and had not returned the same. Further allegation is that an amount of Rs.7.5 crores was transferred to the account of the 1st petitioner as on deceit she has induced the 5th respondent to shell out with the money on the ground that a property is being purchased in their joint names. The complainant also alleges that the petitioners were not even Muslims and have posed themselves as Muslims but they were in fact Christians. On the said complaint, the police registered a case under sections 406, 419, 420, 380, 384, 389, 506 read with Section 34 of the IPC. Petitioners' submissions. Advocate Ajesh Kumar for the petitioners argued that a pure matrimonial dispute is sought to be given a colour of crime and also the dispute is purely civil in nature. The allegations made in the complaint, even if taken to be true, would not make out an offence against the petitioners. The allegation against petitioner that they have taken away the jewels belonging to the complainant and some money has been transferred from the account of the complainant to the account of the 1st petitioner. These are during subsistence of marriage and, therefore, no criminality can be attached to any of the allegations made in the complaint. Further, there is no misappropriation of any funds as the property is registered in the names of both the 1st petitioner and the complainant. That none of the ingredients of Sections 406 and 420 of the IPC can even be made in the case at hand as there is no inducement for purchase of property by the 1st petitioner on the complainant and its dishonest misappropriation. He would further submit that there is no inducement inducing the complainant to part with any money with a dishonest intention and, therefore, seek annulment of proceedings. Respondents' submissions. Senior advocate Vivek Reddy representing the 5th respondent, refuted the submissions to contend that the writ petition so filed is not even maintainable. Though it is a writ petition invoking Articles 226 and 227 of the Constitution of India read with Section 482. of the Cr.P.C., it is not maintainable, as it is filed by a power of attorney holder and not by the petitioners. He would submit that if the petition itself is not maintainable, none of the grounds urged in the petition can be looked at, as it operates as a threshold bar upon the petitioners to urge any of the contentions. Further, notwithstanding this, on merits of the matter, the learned senior counsel would further contend that the 1st petitioner lured or induced the complainant to part with all the jewels belonging to his mother on the pretext of a photo shoot and all the jewelry was handed over to the 1st petitioner who has admittedly not returned the same but carried to United Kingdom. In the same way, the 1st petitioner has induced the complainant to part...

Accused Can't Invoke High Court's Jurisdiction Under Art. 226 Or U/S 482 CrPC Through His Power Of Attorney: Karnataka High Court

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