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1999 (3) TMI 635 - SC - Indian LawsRight of audience - Validity of power of attorney to represent in court - Power of attorney holder has all powers to act on behalf of his principal - definition of Pleader u/s 2(q) of CrPC - Interpretation of Section 303 of CrPC - HELD THAT - Section 2 of the Power of Attorney Act cannot override the specific provision of a statute which requires that a particular act should be done by a party in person. When the Code requires the appearance of an accused in a court it is no compliance with it if a power of attorney holder appears for him. It is a different thing that a party can be permitted to appear through counsel. Chapter XVI of the Code empowers the Magistrate to issue summons or warrant for the appearance of the accused. Section 205 of the Code empowers the Magistrate to dispense with the personal attendance of accused and permit him to appear by his pleader if he sees reasons to do so. Section 273 of the Code speaks of the powers of the court to record evidence in the presence of the pleader of the accused in cases when personal attendance of the accused is dispensed with. But in no case can the appearance of the accused be made through a power of attorney holder. So the contention of the appellant based on the instrument of power of attorney is of no avail in this case. Following the observations made in M. Krishnammal v. T. Balasubramania Pillai though stated sixty years ago would represent the correct legal position even now. Be that as it may an agent cannot become a pleader for the party in criminal proceedings unless the party secures permission from the court to appoint him to act in such proceedings. The respondent-couple have not even moved for such permission and hence no occasion has arisen so far to consider that aspect. The appeal is accordingly dismissed.
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