legal consequences

Querist : Anonymous (Querist) 02 October 2010 This query is : Resolved
hi,in a criminal case, if one of the parties accused passes away, what are the implications of the same on the case. Is there a court ruling that if the co-accused in the criminal case (related to property dispute) passes away, the legal heirs of the deceased automatically become part of the criminal case if they are to gain some share later in the disputed property?

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adv. rajeev ( rajoo ) (Expert) 02 October 2010
one of the accused passes then trial will continue with the other accused. Legal heirs of the accused wont come on record automatically and they cannot be brought on record. For the offence of the deceased legal heirs or not liable.

Advocate. Arunagiri (Expert) 02 October 2010
The criminal cases can be initiated on the person who had committed the offense. Even if the case is connected to the Property, the legal heirs can not be brought to the case automatically after the demise of the accused. You have to establish that the legal heirs had abetted the offense to the main accused. If prima facie is there for abettment the legal heirs will be summoned.

s.subramanian (Expert) 02 October 2010
In so far as the criminal cases are concerned the cause of action dies with the person. Once the accused dies,the case terminates. The legal heirs cannot be impleaded as accused.

Devajyoti Barman (Expert) 02 October 2010
The case would be abated in respect of the deceased person and owuld proceed against other accused persons ,if any.

Ajay Bansal (Expert) 03 October 2010
DO.

Querist : Anonymous (Querist) 03 October 2010
Thanks All. The question has come up because there was some ruling by Justice Dhingra in some criminal case few weeks back wherein the deceased accused legal heirs were made part of the ongoing case against the deceased defendant.I have not been able to find that particular ruling and whether it is applicable for all criminal cases. Would be great if anyone could throw some light on this ruling and send me the link for the same, if possible. Thanks so much

M/s. Y-not legal services (Expert) 07 October 2010
No need for any ruling regards of this.. Because its a comman ethics in law.. A criminal case getting ends with the persons who are connected with the case.. If an accused passed away mean its wil not bind his legal heirs..

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