BACHI DEVI Vs. YOGENDRA THAKUR

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned Government Advocate appearing for the State in respect of IA (Cr.) No. 748 of 2004.

(2.) LEARNED counsel for the appellant submits that although there is no provision for substitution in place of a deceased complainant but in appropriate cases permission may be granted to heirs or related person to pursue the complaint case because there is no provision in the Cr.P.C. providing for abatement of a criminal case on account of death of the complainant. Attention of the Court has been drawn to provisions of Section 394 Cr.P.C. which provides for abatement of appeals. In that Section also an appeal under Section 378 which relates to a complaint case, shall not abate on the death of appellant which can only mean complainant. This application is under Section 378(4) of the Code of Criminal Procedure seeking leave to appeal against a judgment and order of acquittal passed in favour of Opposite Parties No. 1, 2 and 3.

(3.) IN view of aforesaid discussion, the prayer made in IA (Cr.) No. 748 of 2004 on behalf of heirs and relations of deceased complainant Bachi Devi to allow them to pursue this application under Section 378(4) of the Cr.P.C. is allowed. No notice need be issued on the substituted parties as they have already entered appearance through Vakalatnama filed by learned counsel for the original appellant.