Maintainability of a complaint case where comoplainant has died
vikram
(Querist) 24 April 2013
This query is : Resolved
Sir,
My real mother filed a Complaint Case U/s 156(3)CrPc. I was summoned U/s 506 IPC. During the pendency of the trial my mother died with being cross examined by the defendant. I brought this fact in the knowledge of the Court but the Court refused to dismiss the case observing that the said case is a Warrant case. The Court also observed that the Law is not clear in this case when the LR's itself are accused. The case is now fixed for arguments for the maintainability of the case. Kindly suggest me how this case may be dismissed in my favor.
Regards
ajay sethi
(Expert) 24 April 2013
what have you done that your real mother had to file case against you . ?Section 256 of the Cr.P.C. reads as follows :- "256. non-appearance or death of complainant.- (1) If the summons has been issued on complaint and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall notwithstanding anything hereinbefore contained, acquit the accused unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:
Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case.
(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death."
Section 256 of the Cr.P.C. is applicable only in a case where summons had been issued to the accused based on a complaint filed by the complainant and, only if the complaints were dismissed after issuance of the summons to the accused
Raj Kumar Makkad
(Expert) 24 April 2013
Apart from you, who are other legal heirs of your deceased mother?
If either of them is alive and is of the desirous to run the complaint, it shall be duly maintainable otherwise it shall stand dismissed as not persued.
vikram
(Querist) 24 April 2013
Sir,
As I already mentioned in my query that the Provisions of Sec 256 were brought to the notice of the Hon'ble Court. But the Court refused to dismiss the case as according to the Court the Provisions of Sec 256 applies only in a Summons case and as I was summoned in Sec 506 IPC Part -II the Section 256 does not apply in my case.And answering to your question that what I have done that my real mother had to file a case against me is this that this case is one of the 24 cases filed by my mother in connivance to my elder brother over the dispute of ancestral property left by my father without instate. I shall be highly obliged if you can suggest any Judgment in this regard.
Thanks for the reply
Raj Kumar Makkad
(Expert) 24 April 2013
Judgments should be searched at indiankanoon.org
In the given case, the complaint can be got run through your elder brother, if he wishes.
R.K Nanda
(Expert) 24 April 2013
no more to add.
