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 power-of-attorney 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.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 1860 of 2017 (Arising out of SLP (Crl.) No. 4580 of 2017)
Decided On: 03.11.2017
Chand Devi Daga and Ors. Vs. Manju K. Humatani and Ors.
A.K. Sikri and Ashok Bhushan, JJ.