Maintainability of PCR

Dayananda Gowda (Querist) 09 March 2011 This query is : Resolved
whether the private complaint is maintainable after the death of complainant?

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Arvind Singh Chauhan (Expert) 09 March 2011
Please go through the Sec 256 (1) and (2) of Cr.P.C.

Guest (Expert) 10 March 2011
complaint is not maintained after the death of complainant.

Dayananda Gowda (Querist) 11 March 2011
Thanks

But the problem is that, the PCR filed by the complainant and Police have filed FIR and after investigation they have filed B report.

The complainant has challenged the B report and court has taken cognizance.complainant examined as PW-1 and cross examined by the accused. after that the complainant is passed away.

Sec.256 says that, if the complainant is not required to adjudicate the matter, the court may continue in trail.

such being the case what is the consequences?

Guest (Expert) 11 March 2011
after the registration of the case when complainant is examined and cross examined than no need of the complainant in that case as the evidence has been recorded in the court and the same can be continued with the proceedings of the court.

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