Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2021 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (3) TMI 861 - HC - Indian LawsAbatement of revision proceedings on the death of accused person - HELD THAT:- This Court has to decide the Revision on merits, even after the death of the applicant/petitioner. It is discretionary power of the High Court to examine the correctness, legality or propriety of any finding, sentence or order passed by any inferior Court. On the death of the convicted person, the question of serving the whole or portion of his sentence of imprisonment does not arise, but the sentence of fine still remains to be examined. If the fact that the fine will have to be paid out of the estate of the deceased petitioner, in revision, the ground for giving the heir or legal representative a right to continue the Appeal or the privilege of maintaining or continuing the revision, in my considered opinion, no prejudice will be caused to the complainant, if the legal heir of the deceased applicant is permitted to continue with the revision application to the extent of imposition of fine amount, which is around ₹ 10 lakhs. Otherwise also, this Court will have to examine correctness, legality or propriety of the order passed by the Appellate Court, even after the death of the petitioner. Condonation of delay in filing criminal revision application - HELD THAT:- Though application is moved under Section 394(2) of Cr.P.C. which provides for abatement on the death of the appellant, there is no provision for bringing the legal representative on record in respect of Revision. As such, there is no question of condonation of delay. Applications allowed.
|