The court allowed the applications for condonation of delay in filing the death certificate and substitution of legal representatives, emphasizing the interest of justice.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Delay in filing of death certificate - Application for condonation of delay of 467 days in filing death certificate of deceased petitioner allowed as no objection was raised by the respondent - Legal representatives of the deceased petitioner were also substituted in the petition. (Paras 1, 4, 9)

Facts of the case:
The petitioner passed away, and an application was filed to condone the delay in submitting the death certificate, which was allowed as the respondent had no objection. Additionally, an application for substituting the legal representatives of the deceased was also filed and allowed.

Findings of Court:
The court allowed the applications for condonation of delay and substitution of legal representatives, taking the death certificate on record.

Issues: The main issues addressed were the delay in filing the death certificate and the substitution of legal representatives of the deceased petitioner.

Ratio Decidendi: The court emphasized the importance of justice and allowed the applications as there was no opposition from the respondent, thereby facilitating the legal process for the deceased's heirs.

Result: Applications allowed.

ORDER

% 05.04.2024 CRL.M.A. 19229/2022 (Delay in filing of death certificate of petitioner)

1. The present application under Section 482 of the Cr.P.C . seeks the following prayers:-

“It is therefore most respectfully prayed to this Hon'ble court that in view of above said facts and circumstances the delay of 467 days in filing the present application regarding filing of Death Certificate of deceased Petitioner may be condone and the Death Certificate of deceased Petitioner be treated as filed within limitation, in the interest of justice;”

2. Learned counsel appearing on behalf of respondent no.1 submits that he has no objection to the present application.

3. In view of the above, the application is allowed and disposed of.

4. Death certificate of the petitioner is taken on record.

CRL.M.A. 19228/2022 (Substitution of the LRs of the Deceased Petitioner)

5. The present application under Section 482 of the Cr.P.C . seeks the following prayers:-

(a) pass necessary Order/Direction for impleading/substitution of LR's (Legal Representatives) of the deceased petitioner of the abovementioned Petition in the larger interest of the justice;

(c) pass any other appropriate order or order(s) as may be deemed fit and proper in the facts and circumstances of the present case.”

6. Issue notice.

7. Learned counsel for respondent no. 1 accepts notice and fairly does not oppose the same.

8. In view of averments made in the application and in the interest of justice, the same is allowed.

9. Legal heirs of the petitioner are impleaded as party to the present petition.

10. Amended memo of parties filed has been taken on record.

11. The application stands disposed of accordingly.

CRL.M.C. 2980/2014

12. List on 09.08.2024.