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Issues:
1. Whether the death of a complainant abates the complaint, leading to the accused's discharge. 2. Whether the Magistrate was correct in allowing the continuation of the complaint in the given circumstances. Analysis: 1. The deceased complainant accused the petitioner of pulling down scaffolding at a mosque and charged him under Sections 426 and 143 of the Indian Penal Code. After the complainant's death, the accused sought discharge, arguing that the complaint had abated. The Magistrate rejected this application and allowed the proceedings to continue with a new witness as the complainant. The Court discussed the jurisdiction in such cases, emphasizing that for non-cognizable offenses, the death of the injured party does not necessarily affect criminal proceedings. Referring to past cases, the Court concluded that the Magistrate has discretion to permit the complaint to continue with a suitable complainant, ensuring the accused is not needlessly harassed. The Court held that the axiom of actio personalis moritur cum persona does not apply in non-cognizable offenses, and the Magistrate can exercise discretion in such cases. The Court dismissed the application, affirming the Magistrate's decision to allow the complaint to proceed. 2. Another judge noted a similar unreported case where the complainant died during proceedings, leading to an appeal for a re-trial. The Sessions Judge reversed the order of discharge and directed the accused to be committed to the Sessions. The judge concurred with the previous judgment, stating that the accused should not be acquitted. The judge agreed with the proposed order, indicating support for the continuation of the proceedings with a new complainant. The judge highlighted that the accused's acquittal was not warranted in the circumstances and supported the decision to allow the complaint to proceed with a different complainant.
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