Supreme Court: Air Force Group Insurance Society qualifies as ‘State’ under Article 12  ||  SC: Anganwadi Workers With Degrees Are Eligible For The 29% Quota For Supervisors in Kerala  ||  SC: Giving Accused the Option of Search Before a Police Officer Breaches Section 50 of the NDPS Act  ||  Gujarat HC: Person is Entitled to Compensation For Injury or Death Within Railway Station Premises  ||  Delhi HC: PMLA Can Apply Even if the Scheduled Offence Occurred Before the Law Came Into Force  ||  J&K&L HC: Accused Can Admit Evidence Recorded under Section 299 Crpc After Appearing in Court  ||  J&K&L HC: District Judge Serving as Reference Court under Land Acquisition Act Acts as a Civil Court  ||  Del HC: Subsequent Bail Pleas From Same FIR Should Usually Go Before the Judge Who Denied the First  ||  J&K&L HC: Vaishno Devi Shrine Board, Despite Statutory Status, is Not a ‘State’ under Article 12  ||  SC: Confirmation of an Auction Sale Does Not Bar Judicial Scrutiny of Reserve Price Valuation    

U. Subhadramma and ors. v. State of A.P. - (Supreme Court) (04 Jul 2016)

SC: Cannot attach property of deceased person

Criminal

The Criminal Law Amendment Ordinance, 1944 “excludes the possibility of proceedings against a dead person”, said the Supreme Court as it allowed an appeal against attachment of property of the accused who died during trial.

The accused expired while trial for misappropriation of over Rs.6 lakhs between 1987 and 1988 was ongoing. Nevertheless, the trial court found him guilty under Section 409 - criminal breach of trust by a public servant, banker , merchant or agent - and forgery under Section 468 of the Indian Penal Code. Subsequently, prosecutors applied for an attachment of property, which was approved by the district court and upheld by the high court.

The Supreme Court noted that, jurisdictionally, application for attachment could be made to the district judge within whose limits “the said person ordinarily resides or carries on business”. The same was incomprehensible in its application to a dead person who could not be said to be ordinarily resident or carrying on business anywhere.

It added, if under law orders of attachment were to be withdrawn upon acquittal, the same should result when prosecution abated or could not result in conviction due to death of the accused whose property was attached.

Relevant : The State of Punjab vs. Jagir Singh, Baljit Singh and Karam Singh MANU/SC/0193/1973 Ranjitsing Brahmajeetsing Sharma vs. State of Maharashtra and Anr. MANU/SC/0268/2005

Tags : MISAPPROPRIATION   ATTACHMENT   PROPERTY   DECEASED  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved