Supreme Court of India
Khem Singh (d) through Lrs v. State of Uttaranchal (now State of Uttarakhand) & Another Etc.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We hold that the victim of an offence has the right to prefer an appeal under the proviso to Section 372 CrPC, irrespective of whether he is a complainant or not.
Judgment, page 28
From the headnote
Issue for Consideration During pendency of these appeals, son of original appellant (since deceased) filed an application seeking setting aside of the abatement and for substitution. Whether the applicant is entitled to be substituted in place of the original appellant so as to continue to prosecute these appeals. Headnotes† Code of Criminal Procedure, 1973 – Proviso to s.372 – The applicant contended that having regard to the proviso to s.372 of the CrPC, the substitution applications may be allowed by condoning the delay in filing the said application – He further contended that the
Authorities it was built on
- 1957 Garikapatti Veeraya v. N. Subbiah Choudhury
- 1980 P. S. R. Sadhanantham v. Arunachalam & Aiir.
- 2018 Mallikarjun Kodagali (dead) Represented through Legal Representatives v. The State of Karnataka & Ors.
- 2016 Amanullah and Anr. v. State of Bihar and Ors.
- 1962 Dr. Vimla v. Delhi Administration
- 2004 Esher Singh v. State of Andhra Pradesh
- 1962 Birichh Bhuian and Others v. State of Bihar
- 2010 National Commission of Women v. State of Delhi & Anr.
- 2021 Shakuntala Shukla v. State of Uttar Pradesh and Another
- 2022 State Bank of India and Another v. Ajay Kumar Sood
- 2017 Chand Devi Daga & Ors. v. Manju K. Humatani & Ors.
- 2004 Manik Lal Majumdar and Ors. v. Gouranga Chandra Dey and Ors.
- 2024 M.R. Ajayan v. State of Kerala & Ors.
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