Legal Question in Criminal Law in India

If complainant who was a GPA holder on behalf of a firm filed a complaint U/s 200 Cr.P.C before a magistrate and the same complainant died when the case is pending, how another GPA holder as a complainant replaces the previous complainant? Procedure please with sections.
- prasad, advocate

Asked on 6/13/11, 6:27 am

shiv shakner saini saini law

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Under what capacity he did so ? as you said he was on behalf of a firm filed a complaint U/s 200 Cr.P.C .

Who died is that firm? think on this and you will get reply.

Answered on 6/13/11, 10:49 am

Shrichand Nahar S.V.Nahar, Advocate

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You have not specified nature of offence.

If it is a 138 NI case, then Legal Heir may continue the case.

If it is a warrant trial, then even after death of complainant, court has to decide matter on merits by examining other witnesses.

Answered on 6/13/11, 10:26 pm

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