RABINARAYAN SAMAL Vs. BHARAT SAMAL

JUDGEMENT

(1.) An interesting point raised in this application is whether death of a person arraigned as first party in a proceeding under Section 10, Code of Criminal Procedure, 1973 (in short, 'Cr. P.C.' brings an automatic end to the proceeding.

(2.) SINCE the dispute revolves round the aforesaid question of law, detailed reference to the facts situation is unnecessary. Briefly stated, same is as follows :

(3.) ACCORDING to Sk. Nizamuddhin, learned Counsel for petitioner, Section 256 has no application to the facts of the case and in any event, proceeding under Section 107, Cr.P.C. cannot be dropped so long as apprehension of breach of peace continues. Mr. S. Dey on behalf of opposite party Nos. 3 and 8 submitted that the death of original complainant brought an end to the proceeding, and it is open to the petitioner if he is so advised to file a fresh petition.