MADDIPATTA GOVINDAIAH NAIDU Vs. YELAKALURI KAMALAMMA

JUDGEMENT

(1.) "On the death of the complainant in a criminal case does the prosecution abate" is the question of considerable general interest that is provoked in this Miscellaneous Petition filed by the accused in the case seeking to quash the proceedings in P.R.C. No. 1/83 on the file of the court of the Judicial Magistrate of First Class Vayalapad.

(2.) The facts and circumstances giving rise to this petition are these : Yalakatru Guruvayya Naidu of Dinnemeedapalli in Chittoor District was murdered on the night of 15-8-1980. His son Yalakaturi Venkataramaiah Naidu went to the Kalakada police Station and gave a complaint. The police registered a case in Crl. No. 40/80 of Kalakada Police Station against six accused persons under sections 302, 457 and 380, IPC. After investigation by the Crime Branch CID the case was referred as undetectable on 30-8-1982. Venkatramaiah Naidu the son of the deceased filed a complaint under S. 190, Cr.P.C., before the Judicial Magistrate of 1st Class, Vayalapad, against the same accused persons for offence punishable under sections 302 and 392, I.P.C. The complainant was examined on 3-1-1983 and the case was taken on file against the accused as P.R.C. No. 1/1983 by the Magistrate. Later on 7-1-1983 the sworn statements of P.Ws. 2, 3 and 4 were recorded under S. 202, Cr.P.C. The complainant viz. Venkatramaiah Naidu was murdered on 1-5-1983. Three more witnesses were examined in the case on 8-6-1983 after the death of the complainant. P.W. 2 the widow of the complainant filed a petition Cr.M.P. No. 334/1983 to permit her to continue the prosecution of the case and it was allowed on 5-7-1983. Thereafter, some more witnesses were examined on 27-7-1983, 26-9-1983 and 1-10-1983. The learned First Class Magistrate after considering the material on record came to the conclusion that there was sufficient ground for proceeding against the accused and for issuing process under S. 204, Cr.P.C. He accordingly ordered issue of the process for appearance of the accused under S. 204, Cr.P.C., for offences punishable under sections 302 and 395, I.P.C. The accused have now filed this petition under S. 482, Cr.P.C., seeking to quash the proceedings against them in P.R.C. No. 1/83 for offences under sections 302 and 396, I.P.C.

(3.) The main contention of the learned counsel for the accused petitioners is that on the death of the complainant in a criminal case the prosecution abates and that there is no provision in the Criminal Procedure Code which enables the criminal court to bring on record the legal representatives of the deceased complainant and allow them to continue the prosecution. He submits that on the death of a complainant, particularly in a case exclusively triable by a Court of Session, the magistrate who is bound to call upon the complainant alone to produce all his witnesses under the proviso to S. 202(2), Cr.P.C., is bound to dismiss the complaint as there is no complainant who can be asked to produce his witness. It is, therefore, necessary to look at the relevant provisions of the Code. Chapter XIV, Criminal Procedure Code deals with conditions requisite for initiation of proceedings. Section 190 contains the general provision and applies to all offences unless there is any special provision to the contrary. Sections 195, 198, 199, etc., contain special provisions for the prosecution of offences against public justice, for offence of adultery and for defamation respectively.