Impact of death of complainant in crl complaint case
vinod bansal
(Querist) 13 September 2010
This query is : Resolved
R/Experts
In a criminal complaint us 323/452/365 IPC etc preliminary evidence was closed and now case is fixed for consideration on the summoning point,at this stage someone has murdered the complainant,now i want to know legal heir of complainant can continue the case or not.Second query is... In a similar position in a crl complaint case us 323/452 IPC And A Act Accused was not summonned by the Magistrate,Revision was also dismissed by Sessions court,Complainant was going to Highcourt us 482 of Crpc for summoning of accused but in the mean time complainant murdered,now i want to know ,,whether legal Heir of complainant file a case/petition before Highcourt for summoning of the accused.Kindly advice.Regards
s.subramanian
(Expert) 13 September 2010
No. it cannot be done excepting in cases under Sec.138 NIAct.
Satya Mani Tiwari
(Expert) 17 September 2010
One must understand a case is closed with the death of the compalinant.
