Power of attorney holders cannot independently seek continuation of prosecution without the heirs' permission under criminal procedure law.

An application to continue a prosecution under Section 302 CrPC cannot be validly filed by a power of attorney holder on behalf of the heirs of a deceased complainant. The provision permits prosecution by any person only with the Magistrate's permission, and the Code's scheme shows that representation by a non-advocate is not automatic. The person entitled to conduct the prosecution must seek and obtain the court's permission for such representation. Because the heirs themselves did not apply for permission and the applications were moved only by the power of attorney holders, the request was held not maintainable.

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Issues: Whether an application under Section 302 of the Code of Criminal Procedure, 1973 to continue a prosecution can be filed by the power of attorney holders of the heirs of a deceased complainant.

Analysis: Section 302 of the Code permits prosecution to be conducted by any person with the Magistrate's permission, and the expression "pleader" under Section 2(q) includes a legally qualified practitioner or any other person appointed with the permission of the court. The scheme of the Code and the Advocates Act, 1961 shows that where a non-advocate is intended to act in proceedings, the concerned party must seek the court's permission. The analogy drawn from Sections 205 and 273 of the Code confirms that representation through a power of attorney holder is not automatic and depends on permission sought by the person entitled to act in the proceeding. Since the heirs themselves did not apply for permission and the applications were filed only by the power of attorney holders, the request was not maintainable.

Conclusion: The applications under Section 302 of the Code could not validly be filed by the power of attorney holders; they had to be moved by the heirs or with permission sought by the heirs for representation through such holders.

Ratio Decidendi: Under Section 302 of the Code of Criminal Procedure, 1973, a power of attorney holder can act in prosecution proceedings only if the person entitled to conduct the prosecution seeks and obtains the court's permission; a power of attorney holder cannot independently move such an application on behalf of the heirs.

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