Bhopal (Madhya Pradesh): The Supreme Court has set aside a Madhya Pradesh high court order, stating criminal revision filed by complainant does not abate upon death.
The Supreme Court was hearing an appeal against an order passed by the Madhya Pradesh high court, which had held that a criminal revision proceeding abated upon the death of the revisionist (the original complainant) as there was no provision for substitution in the Criminal Procedure Code (Cr.P.C.).
As per the SC order, a bench comprising Justice Sanjay Karol and Justice Manoj Misra held that the high court had the discretion to allow a legal heir to pursue the proceedings as a “victim” to assist the court. The SC ruled that while strict rules of substitution did not apply to revision petitions, the proceedings did not automatically abate.
The Bhopal district and sessions court had discharged the accused under Sections 467,468, 471 and 120-B of IPC and directed the trial court to continue proceeding under Section 420 of IPC.
Shamshad Ali, the father of the accused, filed criminal revision before the high court. During the pendency of the case, he died on May 5, 2021. His son, the appellant, filed an application to continue the proceedings. The high court rejected the application on February 21, 2024, holding that there was no provision for substitution in a criminal revision and therefore, the revision would abate. A subsequent application for recall of this order was also dismissed on August 31.
The SC allowed the appeals, set aside the high court’s orders, and restored criminal revision. The appellant was granted liberty to assist the revisional court as a victim.
