criminal law
rsagarjain
(Querist) 02 September 2009
This query is : Resolved
Complainant filed a criminal complaint for forgery against the accused. During the pendency of the complainant, the complainant dies, can his son continue with the complaint. Need a reply with case law.
thanks in advance
PARTHA P BORBORA
(Expert) 04 September 2009
not at all. if the case is a summons prosedure case court will stop the proceeding. but no substitution shall be allowed and if the case is a warrent procedure case the court may not stop the trial. but in no case a substitution shall be allowed
Shivasurya
(Expert) 04 September 2009
I am not agreeing with Mr. Parthaprotim Borbora, During the pendency of the complainant, the complainant dies, his son may continue with the complaint by invoking the provision of law u/s.302 Cr.P.C. There are so many case laws are there. send your email id to my mobile no.09840273647/email lawyersurya@ymail.com, i can forward the case laws through online
shivasurya, Advocate, Madras Highcourt
