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2019 (4) TMI 227 - SC - Indian LawsValidity of initiation of the complaint by the Special Power of Attorney of Sairabee - Held that:- The decision of this Court in A.C. Narayanan vs. State of Maharashtra and Another [2015 (4) TMI 847 - SUPREME COURT OF INDIA], wherein this Court has clearly held that a complaint filed by the power of attorney would be maintainable in law. If that is so, the initial complaint filed by the appellant on behalf of Sairabee as the complainant would not be invalid in law as held by the High Court in the order under challenge. After the death of Sairabee, the application filed by the appellant was to continue the criminal prosecution as the legal heir of the deceased Sairabee, the High Court seems to have understood this application to be for continuance of the criminal prosecution in his capacity as a Power of Attorney. The High Court therefore ought to have allowed the continuance of the proceedings as prayed by the appellant and ought not to have quashed the proceedings as it has been done - Appeal allowed.
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