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Whether legal heirs of complainant can prosecute complaint a

Whether legal heirs of complainant can prosecute complaint after his death?

 
 

Two   Judge   Bench   in  Jimmy   Jahangir   Madan   Vs.   Bolly
Caiyappa Hindley (dead) By Lrs., (2004) 12 SCC 509  referring
to this Court’s judgment in  Ashwin Nanubhai Vyas (supra)  had
held that heirs of complainant can continue the prosecution.
Following was held in  paragraph 5:
“5.  The question as to whether the heirs of
the   complainant   can   be   allowed   to   file   an
application under Section 302 of the Code to
continue   the   prosecution   is   no   longer   res
integra as the same has been concluded by a
decision of this Court in the case of Ashwin
Nanubhai   Vyas   v.   State   of   Maharashtra   in
which case the Court was dealing with a case
under   Section   495   of   the   Code   of   Criminal
Procedure,   1898,   which   is   corresponding   to
Section 302 of the Code. In that case, it was
laid   down   that   upon   the   death   of   the
complainant, under the provisions of Section
495   of   the   said   Code,   mother   of   the
complainant could be allowed to continue the
prosecution.   It   was   further   laid   down   that
she could make the application either herself
or   through   a   pleader.   Undisputedly,   in   the
present   case,   the   heirs   themselves   have   not
filed   the   applications   to   continue   the
prosecution, rather the same have been filed
by their power­of­attorney holders....”
15. In view of what has been discussed above, we are of the
view that High Court did not commit any error in allowing the
legal heirs of the complainant to prosecute the Criminal Misc.
Petition before the High Court.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APELLATE JURICTION
CRIMINAL APPEAL NO. 1860 OF 2017
(ARISING OUT OF SLP(CRL.) NO.4580 OF 2017)
CHAND DEVI DAGA & ORS. 
V
MANJU K. HUMATANI & ORS.
Dated:November 03, 2017.

https://www.lawweb.in/2017/11/whether-legal-heirs-of-complainant-can.html



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