JUDGMENT

Sashikanta Mishra, J. - Two interesting questions are involved in the present revision - whether a legal heir can be substituted upon death of the original complainant in a complaint case and if so, whether one legal heir can continue such proceeding against other legal heir(s).

2. The facts of the case lie in a narrow compass.

3. One Baidyanath Mishra (since deceased) filed a complaint case bearing ICC No. 55 of 2000 before the JMFC(O), Bhubaneswar alleging commission of offence under sections 426/448/506/34 IPC and Section 24 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. It was alleged by the complainant that a house had been purchased in the name of his deceased wife at Sailashree Vihar, Bhubaneswar, who died intestate, whereupon the property devolved on her sons, Ranjit Kumar Mishra, Sanjit Kumar Mishra, Susanta Kumar Mishra and married daughter Sasmita Mishra. The complainant was residing in the said house with his three sons as all his children had executed a registered General Power of Attorney in his favour. The mother of his daughter-in-law, Snehapama Devi started interfering in the complainant's life and so also his sons, threatened him to