Filing of application for closure
Querist :
Anonymous
(Querist) 14 February 2025
This query is : Resolved
Please advise
In my criminal private complaint under ipc sections 500 and 506 complainant died , should i apply for closure of case , decreased complainant already crossed by my lawyer
Please suggest what will be fate of this case
kavksatyanarayana
(Expert) 14 February 2025
Your lawyer can file a copy of the complainant's death certificate in court. Your lawyer who is well known about the case can tell the case's fate. Without the facts of the case can form an opinion.
T. Kalaiselvan, Advocate
(Expert) 14 February 2025
The case will not be abated or closed just because complainant died, the LRs of the complainant will continue the case.
You cannot file any petition to close the complaint just for this reason.
Dr. J C Vashista
(Expert) 15 February 2025
As the complainant, who has stated to have been defamed, is no more accordingly there remained nothing for prosecution / cause of action / sue the accused do not survive. Hence the case shall automatically come to close by submission of his death certificate.
Advocate Bhartesh goyal
(Expert) 15 February 2025
No, a criminal defamation complaint case does not automatically abate if the complainant dies, legal heirs of the complainant can continue the case.
Dr. J C Vashista
(Expert) 16 February 2025
After death of complainant right to sue by his / her LRs do not survive, for me. However, if there is some law / precident please enlighten, I shall feel obliged.
T. Kalaiselvan, Advocate
(Expert) 16 February 2025
The legal heirs (LRs) of a deceased complainant can continue a private criminal complaint with the permission of the court, effectively stepping into the shoes of the deceased to prosecute the case.
To continue the prosecution, the legal heirs need to obtain permission from the court dealing with the matter.
Several court decisions, including those in Jimmy Jahangir Madan v. Bolly Cariyappa Hindley and Ashwin Nanubhai Vyas v State of Maharashtra, support the right of legal heirs to continue the prosecution.
In Balasaheb K. Thackeray v. Venkat alias Babru, the court held that if the legal heirs of the deceased complainant seek permission to continue prosecution, the court should consider it in its perspective.
Merely on the basis of the death of the complainant, the case shall not abate.
The legal heirs must file an application for permission to conduct prosecution as per the provisions of Section 302 of the criminal procedure Code.
This section allows a Magistrate to permit a person other than a police officer to conduct the prosecution.
Dr. J C Vashista
(Expert) 17 February 2025
Thank you so much Mr. Bhartesh Goyal and Mr. T Kalaiselvan ji for correcting me.
Thanks and Regards
P. Venu
(Expert) 17 February 2025
As the accused there need not be any application/petition from your part. It is for the legal representatives of the complainant to take the initiative and the steps in continuing the proceedings. The accused, certainly, has the option to object, if so advised.
