hi,
In a private complaint filed in the Court for offences under section 326 of IPC etc;, police file B-Report, thereafter Objection to the same is filed by the complainant, and accordingly the court was pleased to reject B-Report, and posts the matter for recording Sworn Statement of the complainant. Now, the complainant has expired due to ill-health, However there are other INJURED EYE-WITNESSES, cited in the list of witnesses, who are still willing to prosecute the matter.
I want to know, whether, this Injured eye-witness can be substituted as the complainant? then under what provision? any authority on the matter?
2ndly, these injured eye witnesses have only suffered simple injuries, can they still press for prosecutio under section.326?