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- Whether the death of the complainant in a criminal case leads to the abatement of the proceedings or can the case continue with a substitute complainant. Analysis: The judgment by the Supreme Court of India dealt with the issue of whether the death of the complainant in a criminal case would lead to the abatement of the proceedings or if the case could continue with a substitute complainant. The case involved the appellant accused of offences under sections 417, 493, and 496 of the Indian Penal Code. The complaint was filed by Kusum, who later passed away. Her mother applied to be substituted as the complainant, which was resisted by the accused. The Presidency Magistrate allowed the substitution and decided to proceed with the complaint. The High Court rejected the accused's petition for revision, leading to the appeal before the Supreme Court. The Court analyzed the provisions of the Code of Criminal Procedure, particularly Section 198, which requires a complaint by the aggrieved person for certain offences. The Court noted that the Code does not expressly provide for the abatement of inquiries and trials upon the death of a complainant. The judgment highlighted the different provisions for trials of summons and warrant cases compared to committal cases, emphasizing that the absence of the complainant in a committal inquiry does not lead to automatic acquittal or discharge of the accused. The appellant argued that the initiation and continuation of the proceeding should follow the same requirements under Section 198, which mandates a complaint by the aggrieved person. However, the Court disagreed, stating that once the bar to taking cognizance is removed by a valid complaint, the proceeding can continue even if the complainant is absent. The Court also addressed the concept of substitution of a complainant, clarifying that the Presidency Magistrate's decision to allow Kusum's mother to act as the complainant was within the Magistrate's power under Section 495 of the Code. The judgment discussed various cases cited by both parties, highlighting the evolving judicial interpretation on whether a criminal complaint abates upon the death of the complainant. The Court emphasized that unless the Code explicitly states the consequence of the complainant's absence, the court has the authority to allow the prosecution to continue with a substitute complainant. Ultimately, the Supreme Court upheld the decision of the Presidency Magistrate to allow the mother to continue the prosecution and dismissed the appeal, affirming that the trial of important cases should not be hindered by the death of a complainant when the legal requirements have been met.
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