private criminal complaint

Querist : Anonymous (Querist) 20 June 2011 This query is : Resolved
I am on behalf of Complainant. Complainant has filed private criminal case u/s. 420, of the IPC. The examination in chief of the complainant is over. In the mean time the complainant expired. what will be the next step so that I can proceed with the complaint.???? reply.....

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Devajyoti Barman (Expert) 20 June 2011
The case gets abated unless his legal heirs are permitted to proceed the case which applies in Appeal against conviction.

PALNITKAR V.V. (Expert) 20 June 2011
If any legal representative is willing to proceed he should apply for permission to continue the trial.

Guest (Expert) 20 June 2011
Agree with devajyoti berman.

Ravikant Soni (Expert) 20 June 2011
file application under section 302 of Cr.P.C. to take L R on record as person prosecuting.

DEFENSE ADVOCATE.-firmaction@g (Expert) 27 June 2011
the section 302 is not applicable in this matter. The case will be abated.

Advocate. Arunagiri (Expert) 27 June 2011
You can see the following section of Cr.p.c.

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.

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