Supreme Court · 2017 INSC 1073 · Decided 3 November 2017

Chand Devi Daga & ORS. v. Manju K. Humatani & ORS.

Court
Supreme Court of India
Citation
2017 INSC 1073 · [2017] 11 S.C.R. 923
Case number
CRIMINAL APPEAL No. 1860/2017
Decided
3 November 2017
Bench
A.K. SIKRI, ASHOK BHUSHAN (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC; CrPC Section 256

Headnote

. Code of Criminal Procedure, 1973 - Chapter XIX and XX - Death of complainant - Substitution of legal representatives of t~e complainant for prosecuting the complaint - Propriety of - Held: C There is no provision in Chapter XIX "Trial of warrant cases by Magistrates" that in the event is to be rejected - The Magistrate u/s.249 has the power to discharge a case where the complainant is absent, however, discharge is hedged with a condition that "the offence may be lawfully compounded or is not a cognizable offence" - Had the Code of 197J intended that D in case of

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