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Chand Devi Daga and Ors. v. Manju K. Humatani and Ors.

Criminal Appeal · 2017 INSC 1073Decided 3 Nov 2017
Criminal Appeal No. 1860 of 2017
Justice A.K. Sikri · Justice Ashok Bhushan

Background

Smt. Chandra Narayan Das had filed a criminal complaint alleging forgery and cheating offences (IPC Sections 420, 467, 468, 471, 120B, 201, 34) in a dispute over a shop lease in Bhilai Steel Plant's Civic Centre. A magistrate dismissed the complaint for want of a prima facie case, and a subsequent criminal revision was also dismissed. While her challenge to that dismissal was pending before the Chhattisgarh High Court, Smt. Chandra Narayan Das died, and her legal heirs applied to be substituted so they could continue pursuing the case. The High Court allowed the substitution, and the original accused persons (the appellants here) challenged that order before the Supreme Court, arguing the Code of Criminal Procedure has no provision letting a complainant's heirs step into a pending prosecution.

Decision Breakdown

The Supreme Court examined Section 302 of the CrPC (which governs who may conduct a prosecution) and relied on its own earlier precedent in Ashwin Nanubhai Vyas v. State of Maharashtra and a later two-judge ruling in Jimmy Jahangir Madan v. Bolly Cariyappa Hindley, both of which held that the heirs of a deceased complainant can be permitted to continue a prosecution. Applying this settled position, the Court held that the Chhattisgarh High Court had not erred in allowing Smt. Chandra Narayan Das's legal representatives to come on record and continue pursuing the matter. Finding no error in the High Court's order, the Supreme Court dismissed the appeal.

Lesson Learnt

The death of a person who filed a criminal complaint does not automatically end the case: Indian law allows the complainant's legal heirs to step in and continue pursuing the prosecution, so accused persons cannot expect a case to collapse merely because the original complainant has passed away.

Official source (sci.gov.in)View Judgment (PDF)

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