CHENNAKESAV REDDY, J.

( 1 ) "on the death of the complainant in a criminal case does the prosecution abate" is the question of considerable general interest that is provoked in this Miscellaneous Petition filed by the accused in the case seeking to quash the proceedings in P. R. C. No. 1/83 on the file of the court of the Judicial Magistrate of First Class Vayalapad.

( 2 ) THE facts and circumstances giving rise to this petition are these : Yalakatru Guruvayya Naidu of Dinnemeedapalli in Chittoor District was murdered on the night of 15-8-1980. His son Yalakaturi Venkataramaiah Naidu went to the Kalakada police Station and gave a complaint. The police registered a case in Crl. No. 40/80 of Kalakada Police Station against six accused persons under sections 302, 457 and 380, IPC. After investigation by the Crime Branch CID the case was referred as undetectable on 30-8-1982. Venkatramaiah Naidu the son of the deceased filed a complaint under S. 190, Cr. P. C. , before the Judicial Magistrate of 1st Class, Vayalapad, against the same accused persons for offence punishable under sections 302 and 392, I. P. C. The complainant was examined on 3-1-1983 and the case was taken on file against

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