Petitioners challenged an order allowing the complainant's son to substitute the deceased Hari Chand as the legal heir. The High Court held inheritance disputes do not bar the legal heir from pursuing the complaint and dismissed the petition.
The petition seeking quashing of the order allowing substitution was dismissed.
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CRM-M-28674 of 2017
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-28674 of 2017 (O&M) Date of Decision: 21.09.2018
Sanjiv Kumar and another
VERSUS
State of Punjab and another ...Respondents
CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA
Present: Mr. G.S. Thind, Advocate for the petitioners.
Mr. Sandeep Kumar, DAG, Punjab.
None for respondent no. 2.
SURINDER GUPTA, J.(Oral)
Petitioners have sought quashing of order dated 10.03.2017 passed by Judicial Magistrate, Ist Class, Ludhiana, whereby respondent no. 2-Kashmiri Lal son of complainant-Hari Chand was allowed to be substituted in place of his father, who has died.
Learned counsel for petitioners submits that before his death Hari Chand had disinherited his sons by giving publication in the newspaper and also through affidavit, copy of which has been placed on file as Annexures P-4 and P-5
The complaint was filed by Hari Chand, who has died during pendency of the appeal. Respondent no. 2-Kashmiri Lal is son of Hari Chand and has sought permission to continue with the complaint after his death.
This submission of learned counsel for petitioners that Hari Chand during his life time had disinherited his sons including Kashmiri Lal JITENDER KUMAR 2018.09.24 10:25 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-28674 of 2017 -2-
from inheriting his moveable and immovable properties is no reason to decline permission to Kashmiri Lal to continue with the complaint. Being Legal heir of Hari Chand, he is competent to seek permission to pursue complaint filed by Hari Chand and the trial Court has committed no error while allowing this permission.
This petition has no merit and the same is dismissed.
( SURINDER GUPTA ) September 21, 2018 JUDGE jk Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No
JITENDER KUMAR 2018.09.24 10:25 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether the death of the complainant disentitles his legal heir from continuing a filed criminal complaint.
Sanjiv Kumar
State of Punjab
Surinder Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
