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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