Status of criminal case after death of the complainant
Bhikham Saini
(Querist) 05 May 2013
This query is : Resolved
My relative had sold my ancestral & undivided property at my native village showing himself as my Power of Attorney Holder(No POA was given to him),I have filed a criminal case and a civil application for partition.The relative along with his sons have been arrested by police in 420 case and they have been released on bail by high court after 40 days of custody.The police is yet to file formal charge sheet. In turn my relative(in his personal capacity) had filed a false cross case against me to block the investigation and action in my original case but after investigation by Addl.SP(District) a Neagative False Report has been submitted by police in false cross case which is pending before Magistrate for final acceptance and the complainant has not filed any protest to FR.Meanwhile my relative(who filed false cross case) has died.Now his one son has submitted a letter to Range IGP for re-investigation in his father false cross complaint and IG office has asked for case diary from the court( they have not re-called the FR)which Magistrate has not allowed so far and has fixed a date for final acceptance/disposal.
The opposite party desire to block my case, its charge sheet in which his father and three sons have been found as guilty in four higher level investigation and face trial u/s 420, 467,468,471,120-B.
My Query:
01. When the sole complainant in a criminal case has expired and police has already submitted a negative False Report in his complaint and none of his son has filed any protest before the Magistrate, then Can any of his son approach the IG office for reinvestigation and the IG office can do that?
02.Can a criminal case(on death of original complainant) can be substituted by his son after the death as in civil case?
Please advice...
Nadeem Qureshi
(Expert) 06 May 2013
Dear Querist
01. When the sole complainant in a criminal case has expired and police has already submitted a negative False Report in his complaint and none of his son has filed any protest before the Magistrate, then Can any of his son approach the IG office for reinvestigation and the IG office can do that?
Opinion: Yes as per section 173 (8) of Crpc he can do that
02.Can a criminal case(on death of original complainant) can be substituted by his son after the death as in civil case?
It's depend on the court
Advocate M.Bhadra
(Expert) 06 May 2013
Legal heirs and successors can continue the case
Cr.P.C. sec.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
prabhakar singh
(Expert) 06 May 2013
My answer to both of your questions would be in affirmative as all cognizable offences would continue and even private one would be allowed to continue even when defacto complainant dies during investigation or trial,although the proceedings are not exactly like substitution that take place in a civil case under code of civil procedure .
It is accused's death that finishes a criminal case at any stage.
Sudhir Kumar, Advocate
(Expert) 06 May 2013
