Supreme Court of India · 2004-11-04
JIMMY JAHANGIR MADAN vs BOLLY CARIYAPPA HINDLEY (D) BY LRS.
- Citation / case number
- SC 2002/63626
- Court
- Supreme Court of India
- Petitioner
- JIMMY JAHANGIR MADAN
- Respondent
- BOLLY CARIYAPPA HINDLEY (D) 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 of a deceased complainant can file an application under Section 302 of the Code of Criminal Procedure, 1973 to continue the prosecution. The Court relied on the precedent set in Ashwin Nanubhai Vyas v. State of Maharashtra, establishing that heirs have the right to pursue the case through their representatives. The appeals against the Karnataka High Court's dismissal of the revision applications were therefore dismissed, affirming the trial court's decision to allow the power of attorney holders to continue the prosecution.