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Yash Jain   04 July 2017

Legal heir has right to file the contempt

When complainant died and investigation is pending but during his life time complainant moved petition u/s 482 cr.pc & direction be issued to s.p at that time now legal heir of complainant has right to file the contempt against that order



Learning

 3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     04 July 2017

Sir, 

 

Kindly call to discuss, the query is not very much clear sir .... 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741

https://kapilchandnaadvocate.wordpress.com/

Dr J C Vashista (Advocate)     06 July 2017

Vague query.

Please discuss with a local lawyer.

Generally criminal case/complaint gets abated and closed with death of accused. LRs of deceased can not step into the shoes of the accused except when estate of the deceased is affected.

Advocate Ravinder (Advocate/Attorney)     06 July 2017

To some extent I agree with Vashista Sir.  But some serious offences such as Murder, Rape, dacoity, burglary etc are offences against the Society.  In these cases, even if the complainant dies, the case will continue.  The state will come into the shoes of the Defacto Complainant.  


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