CRIMINAL MISC. WRIT PETITION No. 2588 of 2023 at Lucknow

Neutral Citation No. - 2025:AHC-LKO:27443 A.F.R. Court No. - 11 Case :- CRIMINAL MISC. WRIT PETITION No. - 2588 of 2023 Petitioner :- Kodai Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Petitioner :- Durga Prasad Counsel for Respondent :- G.A.,Alok Singh Chauhan,Anil Kumar,Dr.Surendra Singh Chauhan Hon'ble Rajnish Kumar,J. 1. Heard Sri Durga Prasad, learned counsel for the petitioner, learned AGA and Sri Anil Kumar, learned counsel for the respondent no.2. 2. This petition has been filed challenging the order dated 31.01.2023 passed in Criminal Revision No.24 of 2022 (Kodai versus State of U.P. and others) by Additional District & Sessions Judge, Court No.3, Ambedkar Nagar and the order dated 11.01.2022 passed in Complaint No.883 of 2018 (Atwari versus Kodai) by Civil Judge (Junior Division)/ Judicial Magistrate, Tanda, Ambedkar Nagar. 3. Learned counsel for the petitioner submits that the complaint can not be allowed to be prosecuted after death of the complainant by the person having a Will in his favour as he can not be said to be a legal heir of the complainant but without considering it, the learned trial court allowed the application of the