SYED SHAHNAWAZ ALI v. THE STATE OF MADHYA PRADESH
Criminal Revision - Abatement on Death of Revisionist; Victim's Right to Assist Court; Discretionary Power of Revisional Court; Section 397 and Section 401 Cr.P.C.
Court: Supreme Court of India
Citation: 2025 INSC 1484
Decision Date: 19-12-2025
List of Laws
Code of Criminal Procedure, 1973; Indian Penal Code, 1860; Bharatiya Nagrik Suraksha Sanhita, 2023
- Facts: The father of the appellant filed an application under Section 156(3) of the Code of Criminal Procedure, 1973, seeking registration of an FIR against respondents 2 to 5. An FIR was registered, and a police report was submitted indicting the respondents for offences punishable under Sections 419, 420, 467, 468, 471, 120-B, and 34 of the Indian Penal Code, 1860. The Additional Sessions Judge discharged the accused respondents from all offences except Section 420 IPC. The father, as the informant, filed a Criminal Revision before the High Court. During the pendency of the revision, the father died, and the appellant, his son, sought to continue the proceedings, which the High Court rejected, holding that the revision would abate.
- Procedural Posture: The appellant, aggrieved by the High Court's order dismissing the criminal revision as abated, filed an application under Section 528 of Bharatiya Nagrik Suraksha Sanhita, 2023 (corresponding to Section 482 of Cr.P.C.) for recall of the order, which was also dismissed. The appellant then appealed to the Supreme Court against both orders of the High Court.
- Issue: Does a criminal revision abate upon the death of the revisionist, particularly when the revision was filed by the informant/complainant and not the accused? Further, can the legal heir of the deceased revisionist be allowed to assist the court in the revision proceedings as a victim of the crime?
- Holding: The Supreme Court held that a criminal revision does not automatically abate upon the death of the revisionist, especially when the revision was initiated by the informant/complainant. The Court also held that the legal heir, if considered a victim under Section 2(wa) of Cr.P.C., can be allowed to assist the revisional court in the proceedings.
- Reasoning: The Court reasoned that the revisional power under Cr.P.C. is a discretionary power to be exercised in aid of justice. Citing Praban Kumar Mitra Vs. State of West Bengal & Another, the Court emphasized that once a revision is entertained and a rule is issued, it must be heard and determined in accordance with the law, irrespective of the petitioner's death. The Court distinguished between revisions filed by the accused, which may abate upon their death, and those filed by informants/complainants, which should not automatically abate. The Court further stated that while there is no provision for substitution in a revision, there is also no provision for abatement like in appeals (Section 394 Cr.P.C.). The Court noted that the High Court can allow a person, particularly a victim as defined under Section 2(wa) Cr.P.C., to assist in the proceedings to ensure justice. In this case, the appellant, being the son of the deceased and inheriting an interest in the property related to the alleged crime, is considered a victim and can assist the court.
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