Code of Criminal Procedure, 1973–Sec. 397/401 [ Corresponding Secs. 438/442 of BNSS, 2023 ]–Death of revision-petitioner during the pendency of revision–Whether the proceedings would abate ?–Held, there is not specific provision in the Code for substitution and there is no provision for abatement as well as is there for an appeal–Hence, once a revision is entertained, the Court exercising revisional power has discretion to proceed with the revision and test the correctness, legality propriety of the order under challenge before it, regardless the death of the person who had invoked the revisional jurisdiction–When revisional powers are invoked by a victim of the crime, and he dies during the pendency of revision, other victims of that crime, who fall within the scope of definition as provided in Sec. 2(wa) of Cr.P.C. may be allowed to assist the Court in effectively discharging its statutory function–In that regard, the Court would be well within its jurisdiction in granting leave to such a person to pursue the revision–Impugned judgment of High Court, dismissing the revision as having abated on death of revisionist is held unsustainable in law.
