IMPORTANT POINT
Legal heirs of complainant can prosecute Criminal Misc. Petition before High Court.

JUDGMENT

Ashok Bhushan, J.

This appeal has been filed against the judgment of the High Court of Chhatisgarh allowing an IA filed by the legal representatives of the petitioner in Criminal Misc. Petition. The respondents aggrieved by the order of the High Court dated 02.02.2017 has filed this appeal.

2. The brief facts necessary for deciding this appeal are: Smt. Chandra Narayan Das whose legal representatives are the respondent Nos.1 to 7 had filed a complaint against the appellants alleging offence under Sections 420, 467, 468, 471, 120B, 201 and 34 IPC. The husband of Smt. Chandra Narayan Das was a lease holder of a shop situated in the Civic Centre, Bhilai Steel Plant, Chhatisgarh. Shop No.12 was allowed in the name of the husband of appellant No.1 in the year 1959. Although, husband of the appellant No.1, a Member of Parliament had died in 1952 itself, it was alleged by the complainant that certain agreements were got executed by legal heirs of Member of Parliament which constituted commission of offence. The complaint was dismissed by the Magistrate vide order dated 26.02.2015 holding that prima facie case under Sections 420, 467, 468, 120B and 201/34 IPC is not made out against the accused.

3. Smt. Chandra Narayan Das filed a criminal revision before the Additional Sessions Judge, Durg which was dismissed by VIIIth Additional Sessions Judge, Durg vide judgment dated 20.11.2015. Criminal Misc. Petition against the said order dated 20.11.2015 was filed in the High Court of Chhatisgarh by Smt. Chandra Narayan Das. The High Court on 18.02.2016 issued notice in the Criminal Misc. Petition. After issuance of notice the petitioner, Smt. Chandra Narayan Das died on 02.04.2016. An application was filed by the legal heirs of Smt. Chandra Narayan Das praying them to be substituted in place of the petitioner. The application was opposed by the appellants. The High Court vide its order dated 02.02.2017 allowed the said application and permitted the legal representatives of Smt. Chandra Narayan Das to come on record for prosecuting the Criminal Misc. Petition. Aggrieved by the said judgment, the appellants have come up in this appeal.

4. Learned counsel for the appellants submits that in the Code of Criminal Procedure, 1973(hereinafter referred to as "Code 1973") there is no provision which permits legal representatives of the complainant to be substituted for prosecuting the complaint. It is submitted that the present is a case where no summons were issued to the appellants since the complaint was rejected by the Magistrate and a criminal revision challenging the said order has also been dismissed. It is submitted that the High Court committed error in permitting the legal representatives of complainant to be brought on record for prosecuting the case.

5. Learned counsel for the respondents refuting the submission of the learned counsel for the appellants contends that rejection of complaint and order of the Sessions Judge dismissing the criminal revision were under challenge before the High Court on the ground that prima facie offence was disclosed in the complaint and courts below committed error in rejecting the complaint. The offence having been committed by the appellants, the High Court has every jurisdiction to permit the legal representatives to prosecute the matter in the event of death of original complainant. It is submitted that Code 1973 does not contain any provision that on death of complainant, the complaint cannot be allowed to be prosecuted by any other person including the legal representatives.

6. We have considered the submissions of the learned counsel for the parties and perused the records.

7. There is no dispute regarding facts and events in the present case. The original complainant died during the pendency of the Criminal Misc. Petition before the High Court which was filed challenging the order of the Sessions Judge rejecting the criminal revision against the order of Magistrate dismissing the complaint.

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