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Satheesh Kumar   09 November 2019

How to dismiss a criminal case when the defendant has died

How to dismiss a criminal case when the defendant has died naturally.

 

 



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 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     09 November 2019

Dear Mr. satheesh,

You have to contact police and handover the death certificate for withdrawl of the case. 

Regards,

 

TGK REDDI   09 November 2019

Can I take liberty to suppose that it's Accused who died?

If so, the matter closes.

1 Like

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     09 November 2019

Originally posted by : Satheesh Kumar
How to dismiss a criminal case when the defendant has died naturally.

 

1.  IF you are the legal heir /representative of deceased defendant, THEN thru a lawyer, you can move application before Court with original death certificate and request to close the matter. The Court will take objections from the Complainant /Prosecution and decide and close the matter, IF there no other accused's in the case.

Note: Even IF you do not do the above, no legal action whatsoever is possible, on the legal heir /representative of deceased defendant

2. Criminal Cases, being of a vicarious nature are NOT transferrable to ANYBODY else, under any circumstances, hence no liability, whatsoever, would arise on anybody.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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