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Documents citing Ashwin Nanubhai Vyas vs State Of Maharashtra & Anr on 10 October, 1966

Non vs Of on 25 November, 2025

5. This case was being heard under Chapter XVIII which divides committal cases into two classes (a) those commenced on a police report and (b) other cases. The first kind is tried under the procedure laid down in s. 207A. With that procedure we are not concerned. The other cases are tried under the procedure as laid down in the other provisions of Chapter XVIII. Section 208 of this Chapter provides that in any proceeding instituted otherwise than on police report the Magistrate shall "when the accused appears or is brought ::: Downloaded on - 05/12/2025 23:18:05 :::CIS 19 before him, proceed to hear the complainant (if any) and take in manner hereinafter provided all such evidence as may be produced in support of the prosecution or on behalf of the accused, or as .
Himachal Pradesh High Court Cites 35 - Cited by 0 - V Singh - Full Document

Reserved On: 04.08.2025 vs Ankit Bajaj on 11 August, 2025

The question as to whether the heirs of the complainant can be allowed to file an application under Section 302 of the Code to continue the prosecution is no longer res integra as the same has been concluded by a decision of this Court in Ashwin Nanubhai Vyas v. State of Maharashtra [Ashwin Nanub- hai Vyas v. State of Maharashtra, AIR 1967 SC 983: 1967 Cri LJ 943] in which case the Court was dealing with a case under Section 495 of the Code of Criminal ::: Downloaded on - 12/08/2025 21:25:11 :::CIS 12 2025:HHC:27066 Procedure, 1898, which is corresponding to Section 302 of the Code. In that case, it was laid down that upon the death of the complainant, under the .
Himachal Pradesh High Court Cites 12 - Cited by 0 - Full Document

Pranav Singh @Moni vs Ankit Bajaj on 22 July, 2025

The question as to whether the heirs of the complainant can be allowed to file an application under Section 302 of the Code to continue the prosecution is no longer res integra as the same has been concluded by a decision of this Court in Ashwin Nanubhai Vyas v. State of Maharashtra [Ashwin Nanub- hai Vyas v. State of Maharashtra, AIR 1967 SC 983: 1967 Cri LJ 943] in which case the Court was dealing with a case under Section 495 of the Code of Criminal ::: Downloaded on - 22/07/2025 21:22:16 :::CIS 12 ( 2025:HHC:23618 ) Procedure, 1898, which is corresponding to Section 302 of the Code. In that case, it was laid down that upon the death of the complainant, under the provisions of Section 495 of the said Code, the mother .
Himachal Pradesh High Court Cites 12 - Cited by 0 - Full Document

Mohinder Singh vs Chunni Lal Negi (Deceased) Through Lrs on 6 June, 2025

The question as to whether the heirs of the complainant can be allowed to file an application under Section 302 of the Code to continue the 13 Neutral Citation No. ( 2025:HHC:17985 ) prosecution is no longer res integra as the same has been concluded by a decision of this Court in Ashwin Nanubhai Vyas v. State of Maharashtra [Ashwin Nanub- hai Vyas v. State of Maharashtra, AIR 1967 SC 983: 1967 Cri LJ 943] in which case the Court was dealing with a case under Section 495 of the Code of Criminal Procedure, 1898, which is corresponding to Section 302 of the Code. In that case, it was laid down that upon the death of the complainant, under the provisions of Section 495 of the said Code, the mother of the complainant could be allowed to continue the prosecution. It was further laid down that she could make the application either herself or through a pleader. Undisputedly, in the present case, the heirs themselves have not filed the applications to continue the prosecution; rather, the same have been filed by their power-of-attorney holders. ..."
Himachal Pradesh High Court Cites 18 - Cited by 0 - Full Document

Non vs Of on 25 November, 2025

5. This case was being heard under Chapter XVIII which divides committal cases into two classes (a) those commenced on a police report and (b) other cases. The first kind is tried under the procedure ::: Downloaded on - 05/12/2025 23:18:06 :::CIS 19 laid down in s. 207A. With that procedure we are not concerned. The other cases are tried under the procedure as laid down in the other provisions of Chapter XVIII. Section 208 of this Chapter .
Himachal Pradesh High Court Cites 31 - Cited by 0 - V Singh - Full Document

Date Of Decision: 19.05.2026 vs Ankit Bajaj on 19 May, 2026

14. Two-Judge Bench in Jimmy Jahangir Madan v. Bolly Cariyappa Hindley [Jimmy Jahangir Madan v. Bolly Cariyappa Hindley, (2004) 12 SCC 509: 2004 SCC (Cri) Supp 317] referring to this Court's judgment in Ashwin Nanubhai Vyas [Ashwin Nanubhai Vyas v. State of Maharashtra, AIR 1967 SC 983: 1967 Cri LJ 943] had held that heirs of ::: Downloaded on - 23/05/2026 10:01:41 :::CIS 2026:HHC:18400 11 the complainant can continue the prosecution. Following was held in para 5: (SCC p. 512) "5. The question as to whether the heirs of the complainant can be .
Himachal Pradesh High Court Cites 12 - Cited by 0 - S Sharma - Full Document

Mridula Singh And Anr vs State Of Bihar And Anr on 25 January, 2019

"5. The question as to whether the heirs of the complainant can be allowed to file an application under Section 302 of the Code to continue the prosecution is no longer res integra as the same has been concluded by a decision of this Court in the case of Ashwin Nanubhai Vyas v. State of Maharashtra in which case the Court was dealing with a case under Section 495 of the Code of Criminal Procedure, 1898, which is corresponding to Section 302 of the Code. In that case, it was laid down that upon the death of the complainant, under the provisions of Section 495 of the said Code, mother of the complainant could be allowed to continue the prosecution. It was further laid down that she Patna High Court Cr.Misc. No.41386 of 2017(8) dt.25-01-2019 9/10 could make the application either herself or through a pleader. Undisputedly, in the present case, the heirs themselves have not filed the applications to continue the prosecution, rather the same have been filed by their powerofattorney holders...."
Patna High Court - Orders Cites 35 - Cited by 1 - A K Trivedi - Full Document

Chand Devi Daga . vs Manju K. Humatani . on 3 November, 2017

“5.  The   question   as   to   whether   the   heirs   of the   complainant   can   be   allowed   to   file   an application under Section 302 of the Code to continue   the   prosecution   is   no   longer   res integra   as   the   same   has   been   concluded   by   a decision of this Court in the case of Ashwin Nanubhai   Vyas   v.   State   of   Maharashtra   in which case the Court was dealing with a case under   Section   495   of   the   Code   of   Criminal Procedure,   1898,   which   is   corresponding   to Section 302 of the Code. In that case, it was laid   down   that   upon   the   death   of   the complainant,   under   the   provisions   of   Section 495   of   the   said   Code,   mother   of   the complainant could be allowed to continue the prosecution.   It   was   further   laid   down   that she could make the application either herself or   through   a   pleader.   Undisputedly,   in   the present   case,   the   heirs   themselves   have   not filed   the   applications   to   continue   the 12 prosecution, rather the same have been filed by their power­of­attorney holders....”
Supreme Court of India Cites 27 - Cited by 41 - A Bhushan - Full Document

Chand Devi Daga . vs Manju K. Humatani . on 3 November, 2017

“5.  The   question   as   to   whether   the   heirs   of the   complainant   can   be   allowed   to   file   an application under Section 302 of the Code to continue   the   prosecution   is   no   longer   res integra   as   the   same   has   been   concluded   by   a decision of this Court in the case of Ashwin Nanubhai   Vyas   v.   State   of   Maharashtra   in which case the Court was dealing with a case under   Section   495   of   the   Code   of   Criminal Procedure,   1898,   which   is   corresponding   to Section 302 of the Code. In that case, it was laid   down   that   upon   the   death   of   the complainant,   under   the   provisions   of   Section 495   of   the   said   Code,   mother   of   the complainant could be allowed to continue the prosecution.   It   was   further   laid   down   that she could make the application either herself or   through   a   pleader.   Undisputedly,   in   the present   case,   the   heirs   themselves   have   not filed   the   applications   to   continue   the 12 prosecution, rather the same have been filed by their power­of­attorney holders....”
Supreme Court - Daily Orders Cites 27 - Cited by 0 - A Bhushan - Full Document

Ram Singh And Others vs Gurbachan Singh on 20 February, 2014

The above said observations on the basis of Ashwin Nanubhai Vyas (supra) is to the effect that the decision should be left with the judicial discretion of the Court and the legal provision need only be that death and absence stands on the same footing. Sub section (2) of Section 256 Cr.P.C., has been introduced with this objective. The Magistrate can grant permission to the heirs of the deceased in appropriate cases to proceed with the complaint.
Punjab-Haryana High Court Cites 24 - Cited by 0 - M M Bedi - Full Document
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