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ARVIND KUMAR (LAWYER)     31 July 2008


(A) executed sale deed in favour of (B), Just after 20 days from the execution of sale deed (A) file suit for cancellation of alleged sale deed before Civil Judge Sinior division. which is pending. Subsequently after filing the aforesaid suit after lapse of 25 days (A) intiated criminal proceeding against the (B) under 156(3) Cr.P.C., F.I.R. registered Under Section 419, 420, 504, 506 I.P.C., Charge sheet submitted. (B) challenged the charge sheet before High Court got stay order. Notice issued to complainant in the mean time (A) died. What will happen further in the absence of (A). whether Criminal Proceeding will continue? No one appeared before High court from the Complainant the interim stay order extended at so many time. What will be effect to petition Under 482 Cr.P.C. before High court.?


 2 Replies

puneet (lawyer)     01 August 2008

an ofeence u/s 420 ,419 is cognizable offence if the complainant got died then also it will have no effect to the case as the charge has been framed it is the duty of state to contest the case

ARVIND KUMAR (LAWYER)     10 August 2008

but the question is that who will give evidence because only the complainant who was died, except to complainant no any eye witnesses in this case to corroborrate the facts and circumstances. Who will summon for evidence for prosecution reason is that the aforesaid case is the private complaint U/s 156 Cr.P.C. and F.I.r. lodged in compliance to the order passed by the court.

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