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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Mithlesh Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Sanjay Prasad, J.)
I.A. No. 5675 of 2025
The instant Interlocutory Application has been filed on behalf of the Appellants for deletion and substitution of Respondent No.2 with his legal representatives or any other signatory to the written report (FIR) as Respondent No.2 in place of the Informant.
2. Heard Mr. Aditya Banerjee, learned counsel on behalf of the appellants and Mrs. Nehala Sharmin, learned Spl.P.P. for the State.
3. Learned counsel for the appellants submits that vide order dated 22.04.2025, passed by this Court in the instant Appeal, the Informant, namely Jagdeo Munda has been impleaded as Respondent No.2, however, the appellants have learnt that the Informant has died sometime in the month of January, 2025. It is submitted that apart from the Informant, several other persons are signatory to the written report on the basis of which the F.I.R. dated 24.09.2024 is registered for commission of the alleged offence dated 26.08.2024. It is submitted that the legal representatives of Respondent No.2, i.e. Informant, namely Jagdeo Munda or any other (one) signatory to the written report may be permitted to be substituted in his place.
4. It is submitted that the detail
Legal representatives of a deceased informant can be substituted in ongoing criminal proceedings to ensure case continuity.
The court affirmed that substitution of deceased parties must follow due legal formalities, particularly in cases involving contested claims against a probated Will.
The court can allow the substitution of parties in case of death, ensuring due process for notice to heirs.
Substitution of deceased parties in appeal proceedings must comply with statutory timelines.
The court established that legal representatives of deceased parties can be substituted to ensure continuity of the appeal.
Substituting deceased respondents in appeals must consider parties' knowledge of deaths and allowed delays in filing.
An application for substitution of legal representatives of a deceased respondent is valid if filed within the statutory period, ensuring accurate representation in court.
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