Supreme Court Lays Down Principles Governing Joint Trials in Criminal Cases under CrPC and BNSS  ||  Karnataka HC: Person Joining Festivals of Another Religion Does Not Violate Rights  ||  Himachal Pradesh High Court: Recovery of Money without Proof of Demand Is Not Bribery  ||  Kerala HC: Cognizance Of Rape u/s 376B IPC Needs Complaint by Separated Wife, Not on Police Report  ||  J&K&L HC: Dealership & Lease Agreements Are Separate Contracts and Disputes Must Be Filed Separately  ||  Calcutta High Court: Unemployment Does Not Excuse Able-Bodied Husband from Maintaining His Wife  ||  Ker. HC: Violating the Procedure for Sampling Contraband u/s 53A of Abkari Act Vitiates Prosecution  ||  Delhi High Court: Students with Less Than 75% Attendance Cannot Contest DU Student Union Elections  ||  Delhi High Court: UGC Cannot Debar a University from PhD Admissions under UGC Act  ||  Delhi High Court: MCD's Higher Property Tax on Luxury Hotels Not Arbitrary    

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It added, if under law orders of attachment were to be withdrawn upon acquittal, the same should result when prosecution abated or could not result in conviction due to death of the accused whose property was attached.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 2025 - All Rights Reserved