This application was strongly resisted by Vyas who companytended that the trial of offences under as.
On being questioned Vyas told her , Kusum that he had never married her, as the whole affair was a sham.
On November 29, Kusum unfortunately died of a heart attack.
493 and 496 of the Indian Penal Code was governed by s. 198 of the Code of Criminal Procedure and only the aggrieved person companyld be the companyplainant and on Kusums death the companyplaint must be treated as abated.
Appeal by special leave from the judgment and order dated August 25, 1964 of the Bombay High Court in Criminal Revision.
The Code of Criminal Procedure provides only for the death of an accused or an appellant but does number expressly provide for the death of a companyplainant.
Vyas then filed an application for revision in the High Court at Bombay and by the judgment and order number impugned his petition for revision was rejected.
She expressed her Willingness to act as a companyplainant and to companytinue the proceedings.
The companyplaint was filed on November 1, 1963 and Kusum was examined by the Presidency Magistrate.
Vyas was then summoned to Court.
Kusums mother, who is the 2nd respond ,dent in this appeal, then applied to the Court for substitution as, a fit and proper companyplainant in the case.
Subsequently, Vyas abandoned her and married another.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The Presidency Magistrate by his order, April 3, 1964, rejected the objection and decided to proceed with the companyplaint with Kusums mother as the companyplainant.
During this inquiry Kusum died.
The case was started on the companyplaint under S. 198, Code of Criminal Procedure of one Kusum Vithal Abhyankar, who charged him with offences under ss.
Application No.
H. Dhebar, for respondent No.
Kusum alleged that she had become pregnant as a result of the companyabitation but in view of her serious heart ailment Vyas took her to a clinic where under medical advice and on certificate .granted by Vyas an abortion was caused to save Kusums life.
268 of 1964.
L. Hathi andrr.
The Judgment of the Court was delivered by Hidayatullah, J. In this appeal, by special leave, against the judgment and order of the High Court of Bombay, August 25, 1965, the appellant Ashwin Nanubhai Vyas is an accused before the Presidency Magistrates 4th Court at Girgaon, Bombay.
Rajendra Chaudhuri and K. R. Choudhuri, for respondent No.
417, 493 and 496 of the Indian Penal Code.
Kusums companyplaint was that Vyas went through a sham marriage with her, before a person who posed as an Officer from the office .of the Registrar for Marriages.
