SHRI BALASAHEB K. THACKERAY AND ANR. versus SHRL VENKAT @ BABRU AND ANR.

SHRI BALASAHEB K. THACKERAY AND ANR. versus SHRL VENKAT @ BABRU AND ANR.

Heirs of the complainant can continue prosecution after obtaining permission from the Court as per Section 302 Cr.P.C.

Parties
Appellant: SHRI BALASAHEB K. THACKERAY; Appellant: ANR.; Respondent: SHRI VENKAT @ BABRU; Respondent: ANR.; Respondent: S.S. Shinde; Respondent: Ravindra Keshavrao Adsure
Jurisdiction
India
Judgment Date
05 July 2006
Procedural Posture
Criminal Appeal / Appeal Pending
Outcome
Appeal pending; application to be filed by legal heirs, to be dealt with by court
Legal Topics
Private Complaint, Death of Complainant, Prosecution by Legal Heirs
Criminal Law Private Complaint Death of Complainant Prosecution by Legal Heirs

Case Brief

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Parties

SHRI BALASAHEB K. THACKERAY

Appellant

ANR.

Appellant

SHRI VENKAT @ BABRU

Respondent

ANR.

Respondent

S.S. Shinde

Respondent

Ravindra Keshavrao Adsure

Respondent

Procedural Posture

Criminal Appeal / Appeal Pending

Legal Issues

  1. 1 Whether legal heirs of a deceased complainant can continue prosecution in a private complaint under Section 302 Cr.P.C.
  2. 2 Effect of death of complainant during pendency of criminal proceedings

Ratio Decidendi

Heirs of the complainant can continue prosecution after obtaining permission from the Court as per Section 302 Cr.P.C.

Court Disposition

Appeal pending; application to be filed by legal heirs, to be dealt with by court

Orders

  • Legal heirs permitted to file application for permission to prosecute; if filed, to be dealt with appropriately.