VIRENDARA NARAYAN MISHRA Vs. ASHOK

JUDGEMENT

(1.) This petition has been preferred by the petitioner under Section 482 of Code of Criminal Procedure, 1973 against the order dated 22.11.2012 passed by the Judicial Magistrate First Class, Chanderi in Criminal Case No.404/2010 and the order dated 4.4.2013 passed by the Additional Sessions Judge Mungaoli, District Ashoknagar in Criminal Revision No.124/2012, by which the order passed by the Judicial Magistrate First Class Chanderi was confirmed.

(2.) Brief facts of the case are that one Arjun Singh had filed a complaint against the petitioners for commission of offence punishable under section 420 of IPC. During the pendency of the complaint, the complainant Arjun Singh had died. After the death of Arjun Singh, the respondent had filed an application under section 302 of Cr.P.C. for giving permission to conduct the complaint which was allowed by the Judicial Magistrate First Class by the impugned order dated 4.4.2013.

(3.) Learned counsel for the petitioner submitted that the impugned order is against the law and is liable to be set aside. The respondents cannot be permitted to conduct the case under section 302 of Cr.P.C. He also submitted that the respondent cannot be substituted as a complainant in place of complainant Arjun Singh. He further submitted that though the respondent may be permitted to conduct the prosecution under section 302 of Cr.P.C., but he cannot take place of the complainant and cannot be impleaded as a complainant in the complaint.