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2021 (2) TMI 754 - HC - Indian LawsRight on power of attorney (POA) holder - Maintainability of a private complaint under Section 200 of the Code at the behest of the original complainant - HELD THAT:- The original complainant, Mr. Jakka Vinod Kumar Reddy, has filed a complaint under Section 200 of the Code against respondent Nos.2 and 3 herein for the aforesaid offences through his power of attorney holder, Mr. Jakka Kiran Reddy. In the said complaint, it is specifically mentioned that the power of attorney holder is well acquainted with the facts of the case and he has been duly authorized by the original complainant to file the complaint at his behest. A copy of the power of attorney dated 13.12.2019 executed by the said Mr. Jakka Vinod Kumar Reddy is also filed. In the said power of attorney, it is specifically mentioned that the original complainant is living in Bangkok, Thailand, being pre-occupied to pursue the professional badminton training of his daughter, Miss. Jakka Vaishnavi Reddy, who represents India in Badminton on the International Circuit, was being ranked as Junior World No.2, as such, he will not be in a position to travel to Hyderabad, thereof as such, he has appointed Mr. Jakka Kiran Reddy as his power of attorney holder to file complaints, civil proceedings etc. It is also mentioned in the power of attorney that he does hereby agree to ratify and confirm all the acts and deeds done by his attorney in his name and on his behalf in respect to all the Courts of India, to be constituted as acts and deeds done by him as if personally present. Said facts would reveal that the petitioner herein has executed the above said power of attorney on 13.12.2019 to do certain acts on his behalf including filing of complaints. In the complaint, power of attorney holder has specifically mentioned that he is well acquainted with the facts of the case and he has been authorized by the complainant to file the complaint on his behalf. A perusal of the record would also reveal that the petitioner herein has filed a memo dated 18.12.2020 before the Sessions Court stating that the power of attorney holder can maintain a private complaint. Though, the said memo was filed, the Sessions Court has returned the complaint with the above said endorsement - on perusal of the record including the contents of power of attorney and the complaint, this Court is of the view that power of attorney holder can maintain a private complaint filed under Section 200 of the Code. Petition allowed.
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