Supreme Court · 2025 INSC 1024 · Decided 31 July 2025

Khem Singh (D) Through LRS v. State of Uttaranchal (Now State of Uttarakhand) & Another ETC.

Court
Supreme Court of India
Citation
2025 INSC 1024 · [2025] 7 S.C.R. 2108
Case number
CRIMINAL APPEAL No. 1330/2017
Decided
31 July 2025
Bench
B.V. NAGARATHNA, K.V. VISWANATHAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 148, 452, 302, 307, 149, 326; CrPC Section 372, 2(wa), 374(2); Constitution Article 136

Headnote

During pendency of these appeals, son of original appellant (since deceased) filed an application seeking setting aside of the abatement and for substitution. Whether the applicant is entitled to be substituted in place of so as to continue to prosecute these appeals. Code of Criminal Procedure, 1973 - Proviso to s.372 - The applicant contended that having regard to the proviso to s.372 of the CrPC, the substitution applications may be allowed by condoning the delay in filing the

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