Legal Heirs Can Substitute Complainant In Complaint Cases & Pursue Prosecution Upon His Death
Case: Sanjit Kumar Mishra & Ors. v. Ranjit Mishra
Coram: Justice Sashikanta Mishra
Case No.: CRLREV No. 579 of 2011
Court Observation: “…notwithstanding absence of a specific provision, the statutory intent of the provisions of the Code is not to foreclose the right of a person to continue with the prosecution upon death of the complainant. In other words, it is impliedly acknowledged that the victim of a crime may die but the crime committed against him does not. Nor does the guilt of the offender get washed away only because the victim is no more. On the contrary, the offender would still remain liable to be prosecuted for his deeds and punished, if found guilty.”
“The private person who is permitted to conduct prosecution in the Magistrate’s Court can engage a counsel to do the needful in the court in his behalf. It further amplifies the position that if a private person is aggrieved by the offence committed against him or against anyone in whom he is interested he can approach the Magistrate and seek permission to conduct the prosecution by himself. It is open to the court to consider his request. If the court thinks that the cause of justice would be served better by granting such permission the court would generally grant such permission.”
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Keywords
Legal Heirs Can Substitute Complainant, Pursue Prosecutio
