Order u/s 156 (3) cr.p.c. and death of complainant.
Shiv
(Querist) 07 April 2014
This query is : Resolved
Proceedings of Criminal Case ordered u/s156 (3) Cr.P.C. and death of Complainant.
There is a order passed by Hon'ble Magistrate to conduct investigation u/s 156 (3) of Cr.P.C. for involvement of Nationalised Bank & wife for wrongful transaction. Matter was delayed for investigation by police on point of jurisdiction of police station and case was kept pending in court. During this the Complainant DIED before recording is statement in front of police. Now case is still lying in court.
Now since Complainant has died and his wife is one of the accused, question of maintainability of complaint has arise. Since non of his legal heirs are ready to substitute as complainant.
In such scenario there is one witness who is willing to continue with the case. Hon'ble Court has asked the witness to provide with citations in this regard.
My request to all learned experts is to know : How will case proceed in such circumstances.
Advocate M.Bhadra
(Expert) 08 April 2014
Code of Criminal Procedure
256.Non-appearance or death of complainant.-
(1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:
Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case.
(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death.
Judgement Reference:
Gauhati High Court
Kushal Kumar Talukdar vs Chandra Prasad Goenka on 15 September, 2004
Equivalent citations: 2005 (2) ALD Cri 14, 2005 CriLJ 599
Surrender K Singal
(Expert) 12 April 2014
256(2) has the sought answer, as reproduced with requisite citation by MB
Rajendra K Goyal
(Expert) 12 April 2014
Well advised by the experts, nothing more to add.
