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Issues: (i) Whether a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 is maintainable when filed by a power of attorney holder of the accused; (ii) Whether suppression of material facts by the petitioners warranted dismissal of the petition.
Issue (i): Whether a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 is maintainable when filed by a power of attorney holder of the accused.
Analysis: A petition seeking quashing of criminal proceedings must be instituted by the aggrieved accused, unless a legally recognised disability or express permission of the Court permits representation otherwise. The filing through a power of attorney holder, without any averment that the holder had personal knowledge of the facts or had leave of the Court to act in that capacity, could not satisfy the requirement of personal invocation of criminal or writ jurisdiction. The cited authorities were applied to hold that an accused cannot litigate through a proxy in this manner.
Conclusion: The issue was answered against the petitioners and the petition was held not maintainable.
Issue (ii): Whether suppression of material facts by the petitioners warranted dismissal of the petition.
Analysis: The material chronology relating to the arrest, transit bail, surrender before the trial court, and the subsequent dismissal of anticipatory bail was not disclosed in the petition. In a writ proceeding, full and candid disclosure of all material facts is mandatory, and suppression or distortion of relevant facts justifies refusal of discretionary relief. The Court applied the principle that a litigant approaching extraordinary jurisdiction must come with clean hands, and held that the omissions went to the root of the petitioner's entitlement to relief.
Conclusion: The issue was answered against the petitioners and suppression of material facts was held to justify dismissal.
Final Conclusion: The petition failed at the threshold both on maintainability and on account of suppression of material facts, and the challenge to the criminal proceedings was not entertained.
Ratio Decidendi: A criminal quashing petition or writ petition invoking extraordinary jurisdiction cannot be maintained through a power of attorney holder absent recognised legal disability or leave of the Court, and discretionary relief will be refused where material facts are suppressed.
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