In a summons case, if the complainant dies pending the enquiry accused should be acquitted and fresh complaint by complainant’s son is not entertainable: Appala Naidu v. Emperor, 51 Mad. 339 : (A. I. R. (15) 1928 Mad. 167 : 29 Cr. L. J. 567). It has been held in Ashraf A. N. M. v. Surendra Nath Sen, A.I.R. (36) 1949 Cal. 252 : (50 Cr. L. J. 487), that there is nothing in the wording of S. 247, Criminal P. C., to suggest that it has no application when a complainant is dead. Section 247 says that in a summons case, if the complainant is absent it is imperative on the part of the Magistrate to acquit the accused unless there is a proper reason for adjourning the case. It is clear that there is nothing to suggest in the wording of S. 247, Criminal P C., that it has no application when a complainant is dead. Hence, in a summons case, on the death of the complainant, the criminal proceeding abates. Recently it has been held in Hanumappa v. The State, 1951 Mad. W. N. Cr. 288 ....