ASHWIN NANUBHAI VYAS vs STATE OF MAHARASHTRA & ANR.

The Supreme Court held that under Section 198 of the Code of Criminal Procedure, a complaint can be substituted after the death of the original complainant, as the bar created by the section can be removed by a proper person filing a complaint. The Court emphasized that unless the Code specifies otherwise, the power to substitute another prosecution agency under Section 495 is always available. The High Court's decision to allow the substitution was upheld, rejecting the accused's argument that the complaint must abate upon the complainant's death.