BHAG SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under S.482, Cr. P.C. filed by the accused-petitioner, for setting aside the order dated 18-11-2000, passed by the JMIC, Ferozepur, allowing respondent No. 2, Harnam Singh, to pursue the criminal complaint, filed by his father, Arjan Singh, against the present petitioner, in view of the death of Arjan Singh, complainant.

(2.) The facts, relevant for the decision of the present petition, are that Arjan Singh (since deceased) had filed a criminal complaint under Ss. 452/427/354/148/149, IPC, against various accused, including accused-petitioner, Bhag Singh. After recording preliminary evidence, the learned trial Magistrate, ordered summoning of the accused for the aforesaid offences. After some of the accused had put in appearance and the case was at the stage of service of the remaining accused, Arjan Singh, complainant, expired. Thereafter, his son Harnam Singh filed an application before the learned Magistrate for permission to pursue the complaint, in question, in place of his father, Arjan Singh, complainant. The said application was contested by the accused, who had put in appearance before the learned trial Magistrate, by filing the written reply, alleging therein that there was no provision, under the Cr. P.C. for a legal body to pursue the complaint, after the death of thecomplainant. The learned Magistrate, after hearing both the sides, allowed Harnam Singh to pursue the criminal complaint, filed by his father, Arjan Singh, deceased, against the accused, vide order dated 18-11-2000.Aggrieved against this order of the learned Magistrate, one of the accused, namely Bhag Singh, has filed the present petition, under S. 482, Cr. P.C. in this Court.

(3.) I have heard learned counsel for the parties and gone through the record carefully.