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Madras High CourtCRL MP/10301/2021allowed

K.S.Jagannathan(Died) v. The Superintendent Of Police,

2021-10-05Honourable Mr Justice P. N. Prakash,Honourable Ms Justice R.N.Manjula1 pages

Crl.M.P.No.10301 of 2021 in Crl.O.P.No.15781 of 2018 P.N.PRAKASH, J and R.N.MANJULA, J [Order of the Court was made by P.N.PRAKASH, J] It is seen that the petitioner K.S.Jagannathan died on 04.10.2020 during the pendency of the main case in Crl.O.P.No.15781 of 2018 wherein the prayer is for transferring the case in DCB Crime No.1 of 2018 to the CBI or CB-CID.

2. This miscellaneous petition has been filed for substituting the legal heirs of the deceased petitioner K.S.Jagannathan, in his place.

3. In our opinion, the proceedings u/s.482 Cr.P.C. is not akin to civil proceedings, where all the legal heirs have to be brought on record. Therefore, instead of substituting the names of all the legal heirs, it would suffice if S.J.Viswanathan, son of the deceased petitioner K.S.Jagannathan, alone is permitted to be substituted in his place.

4. Accordingly, we substitute the name S.J.Viswanathan in the place of the deceased petitioner K.S.Jagannathan.

This petition is ordered accordingly.

[P.N.P., J] [R.N.M., J] 05.10.2021 (1/3) gm Note: Registry is directed to carry out necessary amendment in all the concerned records.

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