can a legal heir of a complainant be substituted in a criminal case after the death of complainant ?can substitution be filed in revision or appeal ?
SHEKHAR MISHRA (public servant) 08 March 2010
can a legal heir of a complainant be substituted in a criminal case after the death of complainant ?can substitution be filed in revision or appeal ?
Arvind Singh Chauhan (advocate) 08 March 2010
Sir I hope following material may be help full to you-
Death of complainant- Proceeding do not abate- magistrate in his discretion allow another person to continue proceeding- PAN& HR- Cr.L.J.-1987(2)-1555.
The death of the complainant does not terminate criminal proceeding and accused can not be discharged on account of death- Page-1349- BATUK LAL’S COMMENTRY on Cr.P.C.
Legal heir of the complainant/ deceased are entitled to proceed with complaint- Page-1378- BATUK LAL’S COMMENTRY on Cr.P.C.
Delay in filing application for substitution- Acquittal justified- appellant is attending court for a long time- court can not allow case to remain pending for indefinite period- S. Rama Krishna V/S S.Rmi Reddy (D) HIS LRS & ORS -decided on 29.04.2008- SC-CLJ-2008-366.
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