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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath
Sukumaran – Appellant
Versus
State Of Kerala, Represented By The Public Prosecutor – Respondent
ORDER :
Kauser Edappagath, J.
Can a non-legal heir of a complainant in a complaint case be permitted to continue the prosecution on the death of the complainant when his legal heirs are alive and have not come forward to prosecute the case? - This is the interesting question involved in this criminal revision petition.
2. The revision petitioners are the accused in C.C.No.787 of 2011 on the files of the Judicial First-Class Magistrate Court-I, Attingal (for short, 'the trial court'). The said case arose out of a protest complaint filed by the deceased brother of the respondent No.2, namely Sri.Sudarsanan. The offences alleged are punishable under Sections 395, 465, 467, 468, 471 r/w Section 34 of IPC.
3. Originally, the brother of the respondent No.2 filed a private complaint as Crl.M.P. No. 5151 of 2009 before the trial court against the petitioners. The trial court forwarded the said complaint to the Chirayinkeezhu Police under Section 156(3) of Cr.P.C. The police registered the crime as Crime No.48 of 2010. After investigation, the police filed a negative final report and referred the case on 20.01.2010. The complainant filed a protest complaint before the trial court. The trial cou
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.
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....
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.
Only legal heirs or proven beneficiaries of a deceased complainant can continue criminal proceedings posthumously; mere claims based on unproven wills are insufficient.
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