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1989 Supreme(J&K) 50

R.P.SETHI
Ashok Kumar – Appellant
Versus
Ab. Latif – Respondent


Advocates Appeared:
Advocate For Appellant: D.K. Khajuria
Advocate For Respondent: Nemo

l Father of the petitioner Rishi Raj filed a complaint against the respondents under section 323, 427 and 451 RPC in the trial court of sub-Registrar Judicial Magistrate, Jammu on 25-4-1982 Durina the pendency of the proceedings, the complainant died and his son Ashok kumar the present petitioner filed an application in the trial court on 26-11-1984 for permission to continue criminal prosecution against the accused person which was launched by his father. The trial magistrate vide his order dated 21-4-1985 directed the prosecuting officer to conduct the proceedings on behalf of the complainant and proceeded with the case till date when the complaint was dismissed allegedly on the ground of the absence of the complainant. Petitioner preferred a revision petition and the learned 1st. Addl. Sessions Judge Jammu vide the order of reference has recommended for setting aside the order of the trial court and prosecution of the complaint in accordance with the provisions of law

2. I have heard the learned counsel for the petitioner and perused the record. No one has appeared for the respondents.

3. It is true that there is no provision for bringing on record the legal representatives of a p






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