SANTHI BALAGOPAL Vs. BENILDE

JUDGEMENT

(1.) The common question that arises in these Criminal Revision Petitions is:

(2.) A learned Judge of this Court in Jayarajan v. Jayarajan ( 1992 (2) KLT 586 ) held that the Court has power to grant permission to the son of the deceased complainant to proceed with the complaint. This decision requires reconsideration according to counsel on the ground that the decision of the Karnataka High Court in Subbanna v. Dyavappa ( 1980 CriLJ 1405 ) holding a different view was not brought to the notice of this court.

(3.) No uniform view appears to have been taken on this question by the High Courts in this country. The Madras and Karnataka High Courts took the view that on the death of a complainant the complaint abates and on that ground the accused has to be acquitted. The Bombay and Calcutta High Courts and the erstwhile Mysore and Nagpur High Courts are of a different view. This Court has adopted the view of those High Courts.