Criminal complaint survives complainant's death where legal heirs are permitted to continue prosecution and discharge is refused

Death of the original complainant did not automatically abate the criminal complaint. Applying the scheme of the Code of Criminal Procedure and prior authority on continuation of prosecution by persons other than the complainant, the Court held that legal heirs could seek permission to continue the complaint, and permission already granted by the trial court had attained finality. The accused's belated challenge to discharge under Section 239 CrPC failed because the proceedings had advanced and the courts below had found a prima facie case for offences under the Indian Penal Code. The refusal to discharge was upheld.

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Issues: Whether the criminal complaint abated on the death of the original complainant and whether the legal heirs could be permitted to continue the prosecution; whether the accused were entitled to discharge under Section 239 of the Code of Criminal Procedure, 1973.

Analysis: The Court held that the death of the complainant did not automatically bring the prosecution to an end. Relying on the scheme of the Code and the earlier decisions dealing with continuation of prosecution by persons other than the original complainant, it was held that the legal heirs could seek permission to continue the complaint. Permission had already been granted by the trial court and had attained finality. The accused challenged discharge only at a much later stage, after proceedings had advanced. On the merits as well, the courts below had found a prima facie case for offences under the Indian Penal Code, and no legal infirmity was shown in refusing discharge.

Conclusion: The complaint did not abate on the complainant's death, the legal heirs were competent to continue the prosecution with permission, and the refusal to discharge the accused was upheld.

Final Conclusion: The prosecution was allowed to proceed at the instance of the legal heir, and the challenge to the orders refusing discharge failed.

Ratio Decidendi: On the death of a complainant, a criminal complaint does not necessarily abate, and the Magistrate may permit a legal heir or other competent person to continue the prosecution where the Code and the circumstances justify such continuation.

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