ROOP CHAND Vs. RAM SINGH

JUDGEMENT

(1.) Petitioner-Complainant has filed the present revision petition challenging the judgment dated 6.12.2013 passed by learned Additional Sessions Judge, Gurgaon, whereby the revision petition preferred by the respondent-accused against judgment dated 5.7.2012 passed by Judicial Magistrate Ist Class, Gurgaon, ordering summoning of the respondent-accused to face trial under Sections 420/467/468/471 IPC has been allowed and order dated 5.7.2012 has been set aside, resulting into dismissal of complainant qua the respondent-accused.

(2.) Even otherwise, as per office report dated 18.1.2016, notice issued to the respondent has been received back unserved, as the respondent is reported to have died. A photocopy of the death certificate of the respondent has also been attached along with letter dated 24.12.2015 received from Chief Judicial Magistrate, Gurgaon, which is taken on record.

(3.) In Bondada Gajapathi Rao v. State of Andhra Pradesh, 1964 AIR(SC) 1645, Hon'ble the Supreme Court after referring to its earlier judgment Pranab Kumar Mitra v. State of West Bengal and another, 1959 AIR(SC) 144, held that revision petitions and some appeals from sentences of fine might be continued by his legal representatives on the death of the accused pending the proceeding. It was further held that the provisions of Section 431 of the old Code (which is now contained under Section 394 of the Code) would also be applicable to special leave to appeal under Article 136 of the Constitution of India. Although on the facts of that case, Hon'ble the Supreme Court declined to permit the legal representatives to continue the SLP, in paras 2 & 6, it has held thus: