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Whether legal heirs of complainant can prosecute complaint a

Whether legal heirs of complainant can prosecute complaint after his death?

Two Judge Bench in Jimmy Jahangir Madan Vs. Bolly
Caiyappa Hindley (dead) By Lrs., (2004) 12 SCC 509 referring
to this Court’s judgment in Ashwin Nanubhai Vyas (supra) had
held that heirs of complainant can continue the prosecution.
Following was held in paragraph 5:
“5. The question as to whether the heirs of
the complainant can be allowed to file an
application under Section 302 of the Code to
continue the prosecution is no longer res
integra as the same has been concluded by a
decision of this Court in the case of Ashwin
Nanubhai Vyas v. State of Maharashtra in
which case the Court was dealing with a case
under Section 495 of the Code of Criminal
Procedure, 1898, which is corresponding to
Section 302 of the Code. In that case, it was
laid down that upon the death of the
complainant, under the provisions of Section
495 of the said Code, mother of the
complainant could be allowed to continue the
prosecution. It was further laid down that
she could make the application either herself
or through a pleader. Undisputedly, in the
present case, the heirs themselves have not
filed the applications to continue the
prosecution, rather the same have been filed
by their powerofattorney holders....”
15. In view of what has been discussed above, we are of the
view that High Court did not commit any error in allowing the
legal heirs of the complainant to prosecute the Criminal Misc.
Petition before the High Court.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APELLATE JURICTION
CRIMINAL APPEAL NO. 1860 OF 2017
(ARISING OUT OF SLP(CRL.) NO.4580 OF 2017)
CHAND DEVI DAGA & ORS.
V
MANJU K. HUMATANI & ORS.
Dated:November 03, 2017.