LAWS(ORI)-2022-9-143

SANJIT KUMAR MISHRA Vs. RANJIT MISHRA

Decided On September 06, 2022
Sanjit Kumar Mishra Appellant
V/S
Ranjit Mishra Respondents

JUDGEMENT

(1.) Two interesting questions are involved in the present revision - whether a legal heir can be substituted upon death of the original complainant in a complaint case and if so, whether one legal heir can continue such proceeding against other legal heir(s).

(2.) The facts of the case lie in a narrow compass.

(3.) One Baidyanath Mishra (since deceased) filed a complaint case bearing ICC No. 55 of 2000 before the JMFC(O), Bhubaneswar alleging commission of offence under Sec. 426/448/506/34 IPC and Sec. 24 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. It was alleged by the complainant that a house had been purchased in the name of his deceased wife at Sailashree Vihar, Bhubaneswar, who died intestate, whereupon the property devolved on her sons, Ranjit Kumar Mishra, Sanjit Kumar Mishra, Susanta Kumar Mishra and married daughter Sasmita Mishra. The complainant was residing in the said house with his three sons as all his children had executed a registered General Power of Attorney in his favour. The mother of his daughter-in-law, Snehapama Devi started interfering in the complainant's life and so also his sons, threatened him to send him to jail on the false allegation of dowry demand. The complainant was forcibly evicted from his room on 19/3/2010 and was not permitted to enter the house and the room was given to the mother of his daughter-in-law. On such allegation, the complainant filed a complaint against his son, Sanjit Kumar Mishra, Snehapama Devi (mother of his daughter-in-law) and Padmini Priyadarshini Mishra (daughter-in-law). After conducting inquiry under Sec. 200 of Cr.P.C., learned trial court took cognizance of the offence under Sec. 426/506/34 IPC and summons was issued fixing 18/5/2010 for appearance of the accused persons. The eldest son of the complainant, namely, Ranjit Kumar Mishra was cited as a witness on 15/5/2010. The complainant died at Kalinga Hospital while under treatment. On 19.07. 2010, his eldest son, Ranjit Kumar Mishra filed a petition seeking to be substituted as a complainant expressing his desire to contest the case. The petition for substitution was opposed by the accused persons, who took the plea that the accused persons are liable to be discharged upon death of the complainant.