Death of complainant after filing complaint, court has Power to substitute another prosecution agency.
During the inquiry under Chapter XVIII in respect of offences requiring a person aggrieved, the complainant died after the complaint had been field under s. 198 Cr. P.C. The application for substitution of the complaint was resisted by the accused- appllant, on the ground that only the aggreived person could be the complaint and on the complaint's death , the complaint must be treated as abated. The Magistrate rejected the objection , and the High Court HELD : The objection must be rejected.
Section 198 Cr. P.C. creates a bar which has to be removed before cognisance is taken. Once the bar is removed because the proper person has filed a complaint, the section works itself out. If any other restriction was also there the Code would have said so. ' Not having said so, one must treat the section as fulfilled and worked out. [811 D-E] Unless the Code itself said what was to happen, the power of the Court to substitute another prosecution agency (subject to such restrictions as may be found) under s. 495 of the Code was always available.
Supreme Court of India
Ashwin Nanubhai Vyas vs State Of Maharashtra & Anr on 10 October, 1966
Equivalent citations: 1967 AIR 983, 1967 SCR (1) 807
