Supreme Court of India · 2004-11-04
Jimmy Jahangir Madan vs Bolly Cariyappa Hindley (Dead) By Lrs
- Citation / case number
- AIR 2005 SUPREME COURT 48
- Court
- Supreme Court of India
- Petitioner
- Jimmy Jahangir Madan
- Respondent
- Bolly Cariyappa Hindley (Dead) By Lrs
- Author
- B.N.Agrawal
- Bench
- B.N.Agrawal, H.K.Sema
Judgment text excerpt
The Supreme Court held that power of attorney holders of heirs can file applications under Section 302 of the Code of Criminal Procedure, 1973 to continue prosecution after the death of the original complainant. The Court affirmed the Karnataka High Court's decision allowing such applications, referencing the precedent set in Ashwin Nanubhai Vyas v. State of Maharashtra, which established that heirs can continue prosecution post the complainant's death. The appeals were dismissed, upholding the lower court's order.