Non-cognizable complaint survives complainant's death where the Magistrate may permit a proper substitute to continue proceedings.

In a prosecution for a non-cognizable offence instituted on complaint, the complainant's death does not automatically abate the proceedings. The procedural provisions were read as not requiring discharge in every such case; Section 247 was treated as of doubtful application, and Section 259 was construed as conferring discretion on the Magistrate rather than imposing a mandatory duty to discharge. A fit and willing substitute complainant may be permitted to continue the matter, subject to judicial caution against undue harassment of the accused. The Magistrate therefore retained jurisdiction to refuse discharge and allow continuation of the complaint.

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Issues: Whether a complaint necessarily abates on the death of the complainant and whether the Magistrate could permit the complaint to continue with a proper complainant in a non-cognizable case instituted on complaint.

Analysis: In a prosecution for a non-cognizable offence instituted upon a complaint, the death of the original complainant does not automatically terminate the proceedings. The relevant procedural provisions do not compel discharge in every such case. Section 247 was treated as doubtful in application to a case where the complainant has died, and Section 259 was read as conferring discretion on the Magistrate rather than imposing a mandatory duty to discharge. The Court distinguished situations where the State prosecutes cognizable offences and recognised that, in proper cases, a fit and willing substitute complainant may be allowed, subject to judicial caution against harassment of the accused.

Conclusion: The complaint did not necessarily abate on the complainant's death, and the Magistrate had jurisdiction to refuse discharge and permit continuation of the proceedings.

Ratio Decidendi: In a non-cognizable prosecution instituted by complaint, the death of the complainant does not by itself abate the complaint, and the Magistrate may exercise discretion to allow continuation by a proper complainant instead of discharging the accused.

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