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Complainant died but given will to nephew will case be maintainable
05-Oct-2023 (In Criminal Law)
complainant died & given will to nephew and had filed 156(3) without 154 & 155 but order passes in favor of complainant and filed FIR , accused filed for review under 397 ,is it case maintainable after complainant dies and nephew has the power to continue on his behalf
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complainant died & given will to nephew and had filed 156(3) without 154 & 155 but order passes in favor of complainant and filed FIR , accused filed for review under 397 ,is it case maintainable after complainant dies and nephew has the power to continue on his behalf
answer - see will is purely civil nature that cannot be used to file complaint on behalf of dead person
though court order to register fir, but for the deposition of witness there is no witness at all
so complainant is not maintainable
complainant died & given will to nephew and had filed 156(3) without 154 & 155 but order passes in favor of complainant and filed FIR , accused filed for review under 397 ,is it case maintainable after complainant dies and nephew has the power to continue on his behalf
answer - see will is purely civil nature that cannot be used to file complaint on behalf of dead person
though court order to register fir, but for the deposition of witness there is no witness at all
so complainant is not maintainable
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Adv. Pritam Arun Madukar
Aurangabad, Maharashtra | 25+ Answers
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