Criminal Revision
Soma
(Querist) 12 July 2010
This query is : Resolved
Seniors kindly help though its a mere technical quention,,,
A criminal case pending before JM U/s 420/232/120B
State v. 5 accused
chargesheet given but charge not yet framed
only one accused want to file revision (CRR) before Kolkata High Court for quashing.He has no idea about the other 4 accused. There is also valid grounds.
Now the Defacto Complainant is dead.
My question is in the Revision petition who shall be the opposite parties?
As the defacto complainalt is dead.
Whether his leagal heirs is required to be included in a criminal revision as OP?
Whether other 4 accuseds are also be needed to be made party? If yes as OP?
The accused who is filing the Revision here is the PETITIONER.
Who should be the OP'S?
Seniors kindly help.. I am totally confused..
Raj Kumar Makkad
(Expert) 12 July 2010
In criminal revision, there is no need to implead co-accused as OPs. As the complainant has expired after lodging FIR, his legal heirs can be impleaded as OPs along-with State though there is no lacunae of the case if only State is made party to the revision mentioning therein the factum of death of complainant.
S. Bharath
(Expert) 12 July 2010
In the Madras High Court, only the State would be shown as respondent. No need to add the other accused or the de facto complainant [or legal heirs] as respondents. Please check with Criminal Appellate Side Rules of Calcutta High Court.
Devajyoti Barman
(Expert) 12 July 2010
In your case only the state govt is sufficient to make a party.
Soma
(Querist) 13 July 2010
Thanks to all
G. ARAVINTHAN
(Expert) 13 July 2010
only the police.
in some court they ask to add de facto complainant as respondent