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Is personal appearance necessary of opposite party in FIR Quashing?


25-Jun-2023 (In Criminal Law)
Hello, I am a complainant in an FIR with section from Gujarat Money Lenders Act, I have firm evidences against the accused, however, accused filed a quashing application in Gujarat High Court and the court decided to hear it and directed Investigating Officer to file a report and not to file a charge-sheet without permission of the high court, court has fixed next date for the hearing. My question is, I have received the notice, is it necessary that I appear before the court or through my advocate? or the Public Prosecutor will take care of the case? Is there a possibility police filing wrong report with shaking hands with accused despite strong evidences provided by me? I am short on funds and it would be difficult for me to pay hefty fees to the high court lawyers. Please advice. Thank you!
Answers (2)

Answer #1
929 votes
Hello
this is Adv Anil Saraogi here.
We can help you in this matter.
We need further details.
Please revert back with further details of the matter so that we can have clear picture and plan accordingly.
Adv Anil Saraogi
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Answer #2
644 votes
In theProceedings before the High Court you would be the respondent number two and since you have received the notice from the honourable court I insist that you file your work collect representation and present your case before the honourable court.

Your personal appearance is not necessary and I can fight your case on behalf of the complainant as if you the court quashes the FIR at this stage then the complaint would be irrelevant and the proceedings against him would stop.

Visit me as soon as possible with all the details so we can proceed
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