In Sukumaran & Ors. v. State of Kerala & Anr. (Crl. Rev. Pet. No. 206 of 2020), decided on August 23, 2025, the Kerala High Court held that even non-legal heirs, such as a sister of the deceased complainant, may be permitted to continue prosecution of a criminal complaint, even when legal heirs are alive but choose not to prosecute.
Justice Kauser Edappagath interpreted Section 302 of the Code of Criminal Procedure (CrPC), emphasizing that its wording, allowing “any person” to prosecute, cannot be confined strictly to legal heirs. The Court underscored the discretion of the Magistrate in evaluating who may continue the case, based on individual circumstances and the interest of the party seeking to prosecute.
In the case at hand, the original complainant passed away during proceedings in Judicial Magistrate Court, Attingal (C.C. No. 787 of 2011). The deceased’s sister petitioned under Section 302 CrPC to take over prosecution, despite the daughter being alive but not pursuing it. The trial court allowed her, and the High Court affirmed, clarifying that a Magistrate is not obliged to dismiss or discharge the accused when a capable representative steps in.
Why It Matters
This decision broadens access to justice by allowing interested parties beyond legal heirs, who may be more available or motivated, to pursue criminal complaints when the complainant has died. It ensures that legal proceedings do not stall due to lack of legal heir participation.
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