Supreme Court of India
Rashida Kamaluddin Syed and Anr. v. Shaikh Saheblal Mardan (dead) through Lrs. and Anr.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
For the foregoing reasons, we are of the view that the courts below were right in permitting respondent No.
Judgment, page 12
From the headnote
Penal Code, 1860: • ss. 406, 420134-Complaint under-Death of complainant-Trial Court granted permission to son of complainant to continue the prosecution- Correctness of-Held, correct-Courts below had not committed any error Hence not a fit case for interference under Art.136-Constitution of India, 1950-Code of Criminal Procedure, 1973. Code of Criminal Procedure, 1973: s.239-Discharge under-Permission granted to son to continue prosecution on death of complainant-Said order not challenged hence attained finality-Application for discharge by accused-Dismissed on the ground that prima facie
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Where later benches applied it
Of those, 1 mentioned
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