Narendra Singh Garud vs Kailash Pal
2023 Latest Caselaw 12599 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRR No. 4626 of 2019 (NARENDRA SINGH GARUD Vs KAILASH PAL AND OTHERS)

Dated : 04-08-2023 Shri Gaurav Mishra - Advocate for the petitioner/revisionist.

Heard on I.A.No.29486/2021, an application for bringing legal representatives of deceased petitioner Narendra Singh Garud on record. The application is duly supported by an affidavit of Akash Garud son of deceased petitioner Narendra Singh Garud.

The application inter alia states that during pendency of instant criminal

revision, petitioner Narendra Singh Garud has died on 17/04/2020 leaving behind the following legal representatives -

(1) Smt. Shobha Garud W/o Late Shri Narendra Singh Garud, Aged 56 years, Occupation - Housewife.

(2) Ravi Garud S/o Late Shri Narendra Singh Garud, Aged 32 years, Occupation - Service.

(3) Akash Garud S/o Late Shri Narendra Singh Garud, Aged 26 years, Occupation - Service,

[All resident of Shinde ki Got, Chhtri Bazar, Lashkar, Gwalior].

The legal representatives of the petitioner desire to prosecute this revision, therefore, they may be permitted to conduct the prosecution on behalf of deceased petitioner Narendra Singh Garud.

Heard.

This revision under Section 397 read with Section 401 of CrPC is filed

Signature Not Verified Signed by: MONIKA SHARMA Signing time: 05-08-2023 10:48:03 AM

assailing the order dated 19/08/2019 passed by Special Judge, MPDVPK Act, Gwalior in Case No.0/2016 whereby learned Special Judge has dismissed the private complaint filed by petitioner/ complainant Narendra Singh Garud and declined to take cognizance thereupon.

It is contended that the petitioner has died during pendency of this criminal revision, therefore, his wife and two sons desire to prosecute this criminal revision.

Relying on judgment of Hon'ble Supreme Court in the case of Chand Devi Daga and Ors. Vs. Manju K. Humatani and Ors., (2018) 1 SCC 71, learned counsel for the petitioner contends that permission to conduct the

prosecution in this matter may be granted under Section 302 of CrPC to the legal representatives of deceased petitioner Narendar Singh Garud.

Considered. I.A.No.29486/2021 is allowed. The applicants/legal representatives of deceased petitioner Narendra Singh Garud are permitted to prosecute this criminal revision.

Let necessary amendment be carried out within one week. List thereafter.

(SANJEEV S KALGAONKAR) JUDGE

Monika

Signature Not Verified Signed by: MONIKA SHARMA Signing time: 05-08-2023 10:48:03 AM