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Issues: Whether a petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of criminal proceedings can be filed through a special power of attorney holder in the absence of any legal disability of the accused.
Analysis: The petition was presented through the accused's special power of attorney holder. The governing principle applied was that a criminal proceeding requiring relief personal to the accused cannot ordinarily be prosecuted by a third person as a proxy litigant unless the accused is under a legally recognised disability. The order relied on the settled position that appearance and participation of an accused, where required by the Code, cannot be substituted by a power of attorney holder, and that a petition for quashing cannot be maintained through such a representative when no incapacity of the accused is shown.
Conclusion: The petition was held to be not maintainable through the special power of attorney holder, and the request for permission to file the quashing petition was rejected. The connected petition was also dismissed.
Ratio Decidendi: A criminal petition seeking quashing of proceedings must be filed by the accused himself unless a legally recognised disability justifies representation through another person, and a power of attorney holder cannot maintain such a petition as a proxy litigant.
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