O R D E R

--------------

The question raised in this revision is whether the restriction contained in Section 199 of the Code of Criminal Procedure (for short, “the Code”) on the right of a person to prefer a complaint is applicable to the person who came forward to continue the proceedings on the death of the original complainant. Learned counsel for the revision petitioners contended that the person willing to continue the proceedings after the death of the original complainant should himself be a 'person aggrieved' while according to the learned counsel for respondent, the ban under Section 199 of the Code is applicable only in the matter of taking cognisance.

2. Though the general rule is that any person whether himself aggrieved or not by the offending act could make a complaint with a view to take action under the Code, Chapter XIV of the Code imposes conditions in the matter of 'taking cognizance' of certain offences. Section 199 of the Code which relates to prosecution for defamation states that “no court shall take cognizance of an offence punishable under Chapter XXI of the Indian Penal Code (45 of 1860) except upon a complaint made by some person aggrieved by the offence”.