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Can GPA file & plead criminal case( Principal in dementia)
23-May-2023 (In Criminal Law)
A GPA was issued by a person to his son. Subsequently Person suffered dementia( loss of memory & speech & writting). After person sufferd with dementia, he files a civil recovery suite in lower court. After some time based on GPA , son files a criminal case in lower court. Under the circumstances that the person is under dementia, is filing any case is valid. Person does not remember any thing & criminal case is filed. Principal ( who has given GPA ) never appeared any of the case. Yet both cases are decided in his favour. GPA has thumb impressions & not signatures while person use to sign. What should we do now?
Your query is silent on
1. " whose favour the case is decided?.
2. on the provision under which son filed criminal case?.
3. Briefly mention the main points order passed by court?
With respect to your query regarding filing suit, the suit can be filed onbehalf of man who suffers dementia by next friend. Next friend herein means the person who is a guardian of man or should be closely related to the man so as to bonafidely ascertain the interests of the man,
So if the suit is filed on behalf of the man by next friend , then the case is valid. However if it filed by man himself then you can file an objection and also question the maintainability.
Further, please provide exact complete clear facts mentioned above , so that we can further answer your legal query.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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