This order dismissed a miscellaneous petition challenging a magistrate's order substituting only the wife of a deceased complainant as the legal representative, ruling that the order was not perverse and competent under precedents.
Miscellaneous petition and stay application dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 699 / 2016 Jang Bhadur Singh S/o Bane Singh by caste Rajput, Aged about-year, Resident of village---- Palasod, Tehsil Bamanwas, District-Swai Madhopur
----Petitioner
Versus
Ramrati w/o Late Mohan Singh Chouhan by caste Rajput Resident of Village Khedla, Tehsil Bamanwas, District Swai Madhopur
Complainant----Respondent _____________________________________________________
For Petitioner(s) : Mr. Manoj Ojla
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Order
07/04/2017
(2 of 3)
01.07.2015 no period is prescribed for moving an application for substitution.
5 I have considered the contentions and have perused the impugned order. In the application filed by the legal representatives of the complainant, a request was made that the sons, daughters and wife of the complainant be substituted in place of the complainant, the Court below only substituted the wife of the complainant.
SCR Page 807 wherein mother of the deceased complainant was granted permission to prosecute the complaint.
Ors. (supra) Court is competent to substitute the legal heirs of the complainant to prosecute the case.
(3 of 3)
accordingly, dismissed. The stay application also stands disposed
of.
(PANKAJ BHANDARI)J.
Amit/86
2 issues framed by the court
Whether the magistrate committed any perversity in substituting only the wife of the deceased complainant as the legal representative under Section 308 CrPC.
Whether the dismissal of the substitution application for being time-barred when no Section 5 application was filed is correct.
Colour shows how this judgement treated each authority
Bulki Ram Saini vs. State (Rajasthan)Referred¶18
Bulki Ram Saini vs. State (Rajasthan) (Jaipur Bench)
Ashvin Nanu Bhai Vyas vs. State of Maharashtra and Ors.Followed¶18
Ashvin Nanu Bhai Vyas vs. State of Maharashtra and Ors., 1967 (1) SCR Page 807 · Who else cites this
Ashvin Nanu Bhai Vyas vs. State of Maharashtra and Ors.Referred¶21
Ashvin Nanu Bhai Vyas vs. State of Maharashtra and Ors. (supra)
Jang Bhadur Singh
Ramrati
Pankaj Bhandari
As recorded by the court registry
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