YASHAWANTIBAI Vs. VIDYA ANIL CHOUGULE

JUDGEMENT

(1.) Petitioner, who is applicant before the trial Court is before this Court, challenging the impugned order passed the trial Court rejecting his application, seeking permission to continue the complaint.

(2.) In support of the petition, the petitioner has contended that he is a close relative of complainant. She filed a private complaint dtd. 28/6/2016 under Sec. 200 Cr.P.C. against respondents for the offences punishable under Ss. 420, 441, 463, 464, 467 and 468 of IPC. It was referred for investigation to the concerned police. A 'B' report was filed on 30/11/2016. The trial Court issued notice to the complainant. In the meanwhile, complainant died on 28/12/2016. Therefore, the petitioner filed application under Sec. 302 of Cr.P.C to permit him to prosecute the complaint. The trial court vide the impugned order has not only rejected the said application, but also accepted the 'B' report and close the complaint.

(3.) Complainant has executed a Will in favour of the petitioner and he got it registered on 16/3/2017. The Will is produced in RSA.No.5829/2011. Therefore, in order to prosecute the private complaint, it is not necessary for the petitioner to prove the Will. The trial Court has also erred in accepting the 'B' report. It has also committed error in holding that unless the petitioner secured decree from Civil Court, he has no right to prosecute the criminal complaint filed by original complainant and hence the petition.