1925 (12) TMI 1

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....nd, secondly, whether, in the peculiar circumstances of this case, the learned Magistrate was right in permitting the continuance of the complaint. 2. The deceased complainant was a trustee of a mosque and complained that the petitioner, who was not a trustee, had pulled down the complainant's scaffolding and had erected his own scaffolding for whitewashing the mosque. The complainant charg....

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....riminal proceedings, which are a matter for the State and which are undertaken by the Government. But even in the case of non-cognizable offences, such as for instance bribery, as is pointed out by this Court in In re Ganesh Narayan Sathe [1889] 13 Bom. 600, the Code does not intend to confine prosecutions to the persons directly injured. Similarly, in the case of a sanction, under Section 195 of ....

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....d. We are of opinion, therefore, that in the present case of a non-cognizable offence instituted upon a complaint, the axiom of actio personalis moritur cum persona, in civil law confined to torts, does not apply, and that the trying Magistrate has discretion in proper cases to allow the complaint to continue by a proper and fit complainant, if the latter is willing. The Courts would always be on ....

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....ce Pratt and myself on December 4, 1924. The charge was under Sections 477-A and 109 of the Indian Penal Code, for falsification of accounts, but the complainant died after his examination in the committal proceedings. The Magistrate who tried the case had discharged the accused on the merits, but the wife of the deceased complainant appealed to the Sessions Judge praying for a reversal of the ord....