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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
J.M.KHAZI
Yashawantibai @ Yashavati, W/o. Mahaveer Ankale, Since Deceased By Lrs Through Will Bequeathed In Favor Of Sri Ajitkumar M. S/o. Ratnakumar M. – Appellant
Versus
Vidya, W/o. Anil Chougule – Respondent
| Table of Content |
|---|
| 1. right to continue criminal complaint post-death of complainant. (Para 2 , 3 , 8) |
| 2. responses regarding the legitimacy of the will. (Para 4 , 5) |
| 3. requirement to prove will for pursuing complaint. (Para 10 , 11) |
| 4. petition rejection and order to trial court. (Para 12) |
ORDER :
J.M. KHAZI, J.
Petitioner, who is applicant before the trial Court is before this Court, challenging the impugned order passed the trial Court rejecting his application, seeking permission to continue the complaint.
2. In support of the petition, the petitioner has contended that he is a close relative of complainant. She filed a private complaint dated 28.06.2016 under Section 200 Cr.P.C against respondents for the offences punishable under Sections 420 , 441, 463, 464, 467 and 468 of IPC. It was referred for investigation to the concerned police. A 'B' report was filed on 30.11.2016. The trial Court issued notice to the complainant. In the meanwhile, complainant died on 28.12.2016. Therefore, the petitioner filed application under Section 302 of Cr.P.C to permit him to prosecute the complaint. The trial court vide the impugned order has not only rejected the said application, but also accepted
Only legal heirs or proven beneficiaries of a deceased complainant can continue criminal proceedings posthumously; mere claims based on unproven wills are insufficient.
The main legal point established in the judgment is that legal heirs of the deceased complainant can be substituted in his place and can continue the proceeding after his death, and the right to pros....
Non-legal heirs can continue prosecution in criminal cases after the complainant's death, even if legal heirs are alive, under Section 302 of Cr.P.C.
On the death of a complainant, the case does not necessarily abate, and the legal heirs of the complainant can continue the prosecution with the permission of the trial court.
Legal heirs can pursue a complaint under Section 138 of the Negotiable Instruments Act after the death of the complainant, as per Section 302 Cr.P.C.
Criminal prosecution cannot be pursued for matters that are already under civil adjudication, especially when the essential elements of the alleged criminal offenses are not established.
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