Upgrad LLM

addition of legal heirs in criminal case


one criminal case is filed in which respondent convicted u/s.420 but respondents went into revision appeal in higher court while complainant died. now legal heirs filed application to add themselves in the case on behalf of the complainant where respondents took objection that they cannot be added to the case. need views on this matter urgently.

 
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The appeal stands abated on the death of the appellant.

 
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ha21@rediffmail.com Mumbai : 9820174108

1.  With proper permission of the Trial Court, the legal heirs of the deceased "complainant" can be substituted, as "legal representatives" in the case. The complainant's private filed criminal case (not police/state filed case) shall stand abated, IF the "legal representatives", do not file substitution application, in Trial court.

2.  The Respondent, has no jurisdiction to object in above matter. Further in revision /appeal, there is no need of complainant, since the revision /appeal court shall look into the matter only on merit of the trial court order and no new trial /evidence /witness is permitted, UNLESS & UNTIL the matter is remanded back to Trial court, for fresh trial, on point of law.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 
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LEGAL

Agree with Mr. Hemant

 
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