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Ram lal Jat   28 November 2024

CLOSURE REPORT

my reletive filed Fir against me and police filed closure report after investigation in the court .
my reletive present in the court and seeking adjournment for filing protest petition and court granted adjournment for filing protest petition on next date.
but before coming next date my reletive died in the hospital.
what is next process.
kindly suggest me .
my case close on next date or not.


Learning

 13 Replies

Dr. J C Vashista (Advocate )     29 November 2024

The closure report has not been assailed by anyone (either the victim, complainant or someone else interested party) accordingly the Court shall cosider and proceed on the basis of closure report.

T. Kalaiselvan, Advocate (Advocate)     29 November 2024

The LRs of the complainant can continue the criminal complaint in the absence of the complainant, hence the court may await the LRs objection and then pass suitable orders

N.K.Assumi (Advocate)     30 November 2024

The IO of the case is bound to intimate the complainant before closure report, and if there is a closure report the complainant can file his protest in the court.

Ram lal Jat   30 November 2024

IO OF THE CASE ALREADY INTIMATE THE COMPLAINANT AND COMPLAINANT'S ADVOCATE PRESENT ON FIRST DATE AND SEEKING TIME FOR PROTEST PETITION AND AFTER TWO DAYS COMPLAINANT DIED IN THE HOSPITAL.

T. Kalaiselvan, Advocate (Advocate)     02 December 2024

The LRs of the complainant have to file their objections in the absence of complainant

Ram lal Jat   02 December 2024

time limit for filing objection after death

P. Venu (Advocate)     03 December 2024

What are the offences alleged? it is not the case that the legal represntatives could get impleaded in every criminal or, even, civil action.

Ram lal Jat   04 December 2024

offence under 420,177,467,468 IPC

Dr. J C Vashista (Advocate )     04 December 2024

Since the complainant is stated to have died his / her LRs has no right to sue the respondent / accused, hence the complaint case has to be closed.

Ram lal Jat   04 December 2024

THIRE IS NO COMPLAIN CASE .
FIR LODGE THROUGH 156(3) CRPC AND POLICE FILE CLOSURE REPORT .
AND NOW CLOSURE REPORT FILED IN COURT ON 18/11/2024 AND AFTER FILING OF CLOSURE REPORT COMPLAINANT DIED ON 20/11/24. WHAT IS NEXT PROCESS

T. Kalaiselvan, Advocate (Advocate)     06 December 2024

The court will send notice to the complainant to hear the objections.

If the notice is returned stating the death of the complainant then the LRs may appear before court to record their objections.

 A criminal complaint is not abated on the death of the complainant, and legal heirs can continue the case, it is the same law to be followed when a  closure report is filed by police. 

The Magistrate can adjourn the hearing and allow the complainant's son to continue the case to record the objections. 

Legal heirs can substitute the complainant in complaint cases. 

Ram lal Jat   06 December 2024

POLICE SEND NOTICE BUT COMPLAINANT NOT SIGN NOTICE OF THE POLICE .

AFTER 15 DAYS COMPLAINANT / (INFORMER IN FIR ) DIED .

Dr. J C Vashista (Advocate )     08 December 2024

Before acceptance/ rejection of closure report filed by police, which is not binding upon the Court, it (the Court) will wait for someone to file objection(s) on behalf of LRs of complainant, if any.


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