PRATAP NARASINGHRAO PUPALA Vs. DAMYANTI LYDIA KUNDAR

JUDGEMENT

(1.) THE husband of respondent No.1 was the tenant of the premises belonging to the petitioners and he had filed complaint viz., criminal Case No. 50/3/1987 in the Court of Additional Chief metropolitan Magistrate, 5th Court, Dadar, Bombay for the offence under Section 26 of the Bombay Rents, Hotel & Lodging House Rates(Control) Act against the petitioners for non-passing of receipts for payment of rent. During the pendency of this case, the tenant-original complainant died on 3rd February 1990. After that respondent No.1, herein, applied to the Magistrate for her substitution as the complainant and permitting her to continue the complaint filed by the tenant claiming herself to be the widow of the tenant.

(2.) ON hearing both the sides, the learned Magistrate passed an order on 12th October 1993 permitting respondent No.1 to be substituted as the complainant. This order was challenged by the petitioners by preferring Criminal Revision Application No.336 of 1993 before the Court of Sessions at Greater Bombay. The Additional Sessions Judge by judgment and order dated 5th July 1994 confirmed the order passed by the learned magistrate and dismissed the revision application. These orders are impugned in this petition.

(3.) ON behalf of respondent No.1 it is contended that the primary section governing substitution of the complainant is Section 256 Cr.P.C. and nowhere the Code bars continuation of the complaint filed by the tenant against the landlord by his wife on the death of the tenant. Section 256 Cr.P.C. as is material for the present purpose is as follows: