TMI Blog2021 (3) TMI 861X X X X Extracts X X X X X X X X Extracts X X X X ..... und 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 appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the learned Sessions Court on 08.10.2015. Feeling aggrieved, the deceased applicant filed Criminal Revision Application No. 65/2016 before this Court, challenging the judgment and order dated 08.10.2015 passed by the learned Sessions Court, North Goa, Panaji. 3. It is submitted by Mr. Ganesh Naik, the learned Counsel for the applicant that the applicant, Jerry D'Souza expired on 28.02.2020 at Goa Medical College (GMC), Bambolim. It is submitted that due to the death of the applicant, the family of the applicant was under shock and sorrow state. Thereafter, due to COVID-19 pandemic and since there was lockdown, till December, 2020, the Counsel appearing on behalf of the applicant was not attending office. As such, the Advocate for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issed at the threshold. It is submitted that there is no provision under Section 397 of Cr.P.C. for bringing the legal heirs on record and as such the criminal revision application is not maintainable. It is submitted that the legislative intention while enacting Section 397 of Cr.P.C. is very clear that legislature has not made any provision for bringing the legal heirs of the deceased accused, who died during the pendency of the criminal revision application. It is submitted that the legal heir of the deceased applicant has no right over the compensation deposited before this Court. In view thereof, he prays that the application be dismissed and the compensation deposited before this Court by the deceased applicant be released to responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in aid of justice. Whether or not the High Court will exercise its revisional jurisdiction in a given case, must depend upon the facts and circumstances of that case. The revisional powers of the High Court vested in it by Section 439 of the Code, read with Section 435, do not create any right in the litigant, but only conserve the power of the High Court to see that justice is done in accordance with the recognized rules of Criminal Jurisprudence, and' that subordinate criminal courts do not exceed their jurisdiction, or abuse their powers vested in them by the Code. On the other hand, as already indicated, a right of appeal is a statutory right which has got to be recognized by the courts, and the right to appeal, where one exists, ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uirements of justice. The petitioner in the High Court may have been an accused person who has been convicted and sentenced, or he may have been a complainant who may have been directed under Section 250 of the Code to pay compensation to an accused person upon his discharge or acquittal. Whether it was an accused person or it was a complainant who has moved the High Court in its revisional jurisdiction, if the High Court has issued a Rule, that Rule has to be beard and determined in accordance with law, whether or not the petitioner in the High Court is alive or dead, or whether he is represented in court by a legal practitioner. In hearing and determining cases under Section 439 of the Code, the High Court discharges its statutory functio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 12. It appears that due to lockdown, there was no contact between the Counsel and the legal representative of the deceased applicant and the matter also came up for hearing. Only when an application was moved by the original complainant for withdrawal of the fine amount, the Advocate appearing on behalf of the applicant came to know about the death of the sole applicant. Though application is moved under Section 394(2) of Cr.P.C. which provides ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
