ASHOK KUMAR Vs. MUNSHI RAM

JUDGEMENT

(1.) ONE Smt. Krishna Devi filed a complaint under section 494 - RPC against her husband and others, which is pending disposal in the court of learned Chief Judicial Magistrate, Jammu. During the pungency of compliant the lady died. Her father, Munshi Ram, filed an application to substitute him for her daughter. Trial court allowed the application on April 15, 1985. A revision was filed which the learned Second Addl heard. Sessions Judge Jammu who dismissed the same on March 27, 1986. Being dis -satisfied with the above said orders, petitioners have come up in revision before this court.

(2.) THE respondent did not chose to appear and contest this revision petition, despite publication of notice in local newspaper.

(3.) MR . Rounaq Singh, learned counsel appearing for the petitioners, has argued that in accordance with the provisions contained in section 193 -Cr. P. C. only aggrieved person can continue the compliant and Krishana Devi being the only aggrieved person, compliant could not proceed after her death. In support of his contention he has referred to authorities reported as AIR 1965 Mysore 235 and AIR 1969 orrisa 204.