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
2 Answers from Attorneys
shiv shakner saini
saini law
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
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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