On death of complainant, wil criminal case stands colsed
ROJA shree
(Querist) 29 April 2013
This query is : Resolved
In a criminal case, containing 8 accused for offence of snatching, theft, and damage to public property , if the complainant died, will the case stands closed ? Or what is the next step ? When the case will be closed ?
Nadeem Qureshi
(Expert) 29 April 2013
no, legal heir of the complainant can fight the case further
Advocate M.Bhadra
(Expert) 29 April 2013
Legal heirs and successors can continue the case
Cr.P.C. sec.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.
Judgement Reference:
Gauhati High Court
Kushal Kumar Talukdar vs Chandra Prasad Goenka on 15 September, 2004
Equivalent citations: 2005 (2) ALD Cri 14, 2005 CriLJ 599
Guest
(Expert) 29 April 2013
Legal heirs would step in to the shoes of the complinant to pursue the case.
ajay sethi
(Expert) 30 April 2013
agree that legal heirs can continue the case
