In a criminal complain complainant died aftre issuing summon to the accused : effects

Uday Kumar (Querist) 01 October 2014 This query is : Resolved
Dear Sirs

Kindly advise, in case Criminal Complaint 200 CRPC,Summon was issued to the Accused however in between Complainant died
Now Complainant filed application for substitution of the Complainant by his son
How Such Complainant is maintainable and how SON will dispose off personal knowledge of the Father

Please share your valuable expert view

Regards
Uday Kumar

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N.K.Assumi (Expert) 02 October 2014
Legal heirs the Son can step in to take the deceased place, and based on the complaint and the evidence on record the complaint case Can be dispose off by the court.

P. Venu (Expert) 02 October 2014
What are the crimes alleged?

Advocate Ravinder (Expert) 03 October 2014
I agree with Assumi, but pl clarify how Such Complainant is maintainable and how SON will dispose off personal knowledge of the Father.

Rajendra K Goyal (Expert) 03 October 2014
Agree with the expert Ravinder.P .

T. Kalaiselvan, Advocate (Expert) 05 October 2014
The court will consider the complaint already filed and an affidavit sworn before it, hence the LR of deceased can go ahead with the complaint on being permitted by the court to follow the case on an application before it.

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