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TMI Blog1964 (12) TMI 76X X X X Extracts X X X X X X X X Extracts X X X X ..... used 1 to 4. The complainant was the elder brother of Jayalakshmiyamma who was admittedly the wife of Accused 1, Venkataramana. It was alleged in the complaint that even when Jayalakshmiyamma was alive, accused 1 married another woman by name Vedavathiamma on 25-4-1963. The other accused are alleged to be the abettors of this bigamous marriage. Jayalakshmiyamma, wife of accused 1 is alleged to have married Vedavathiamma. After the death of Jayalakshmiyamma, her brother filed the complaint on 2-12-1963. (3) After the accused appeared before Court, accused 4 Gangamma, filed an application before Court questioning the maintainability of the complaint on the ground that the complainant was not the aggrieved person and hence the Court could n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complaint on her behalf; (b) is the husband, and he is serving in any of the Armed Forces of the Union under conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other person authorised by the husband in accordance with the provisions of sub-section (1) of section 199B may, with the leave of the Court, make a complaint on his behalf. Explanation.--For the purpose of clause (a) of the second proviso, relative means any lineal descendant or sister or her father's or mother's brother or sister. (6) Looking at the scheme of Section 198 of the Code of Criminal Procedure, it is clear that when the offence of bigamy is committ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n to do the acts in question on the donor's behalf. This is really only saying that what the agent is to do, he is to do as representing the principal; as doing it on behalf of, or in the place and in the right of, the principal.... (11) In Lewis v. Nicholson (1852) 18 Q.B. 503 the defendants acting as agents for the assignees, addressed a letter to the plaintiff's solicitor as follows: .....We hereby, on behalf of the assignees consent that the net proceeds of the effects included in the said bill of sale shall be paid over to you or your client................... The plaintiff's solicitor consented to the sale. It was contended for the plaintiffs that the defendants considered themselves personally bound by the und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Underlining (here in ' ') is mine) (15) When Section 198 Cr. P.C. authorises any relative of the wife to make a complaint on her behalf, it constitutes such relative the agent of the wife for the purpose of filing a complaint for the offence punishable under Section 494 I.P.C. If the relative who files a complaint on behalf of the wife is regarded as an agent by operation of law, it follows that the authority by an agent must come to an end on the happening of any event which determines the agency. It is well settle principle of the law of Agency that the agency will come to an end with the death of the principal or the agent. The authority given under S. 198 Cr. P.C. to any relative to file an end on the death of the principal t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings had been commenced by the Magistrate taking cognizance of the offence complained of the death of the complainant cannot affect the proceedings. In support of his contention, he relied on a decision of the Rangoon High Court in U Tin Maung v. The King AIR 1941 Rang 202. That was a case in which a person who had the authority to make a complaint had initiated criminal proceedings. The death of the complainant after the Court had taken cognizance of the offence, was held as not amounting to abatement of the proceeding. This decision can have no application to the facts of the present case since the question in this case is whether the Magistrate could, in law, take cognizance of the case and commence the proceedings. This is not a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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