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1 - 10 of 34 (0.75 seconds)The Code of Criminal Procedure, 1973
Section 256 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 259 in The Indian Penal Code, 1860 [Entire Act]
Section 256 in The Indian Penal Code, 1860 [Entire Act]
Section 247 in The Indian Penal Code, 1860 [Entire Act]
Ashwin Nanubhai Vyas vs State Of Maharashtra & Anr on 10 October, 1966
"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
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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...."
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Jimmy Jahangir Madan vs Bolly Cariyappa Hindley (Dead) By Lrs on 4 November, 2004
14. Two Judge Bench in Jimmy Jahangir
Madan Vs. Bolly Caiyappa Hindley (dead) By Lrs.,
(2004) 12 SCC 509 referring to this Court's judgment in
Ashwin Nanubhai Vyas (supra) had held that heirs of
complainant can continue the prosecution. Following was
held in paragraph 5: