https://www.taxtmi.com/caselaws?id=174868 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. en-us Mon, 07 Dec 1925 00:00:00 +0530 Mon, 26 Oct 2015 16:15:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=174868 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. Case-Laws Indian Laws Mon, 07 Dec 1925 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=174868