U. SUBHADRAMMA & ORS. versus STATE OF A.P. REP. BY PUB. PROSECUTOR & ANR.

U. SUBHADRAMMA & ORS. versus STATE OF A.P. REP. BY PUB. PROSECUTOR & ANR.

Criminal courts cannot continue proceedings or record findings of guilt against a deceased person. Consequently, attachment of deceased accused’s property under the Criminal Law Amendment Ordinance, 1944 is impermissible as prosecution abates on death, and any orders or findings based on such proceedings are null and void.

Parties
Appellants: U. Subhadramma & Ors.; Respondents: State of A.P. Rep. by Pub. Prosecutor & Anr.
Jurisdiction
India
Judgment Date
04 July 2016
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Judgment Dated 28.06.2006 in Criminal Petition No. 5922 of 2002
Outcome
Appeal allowed; impugned judgments and orders set aside.
Legal Topics
Attachment of Property, Abolition of Criminal Proceedings on Death of Accused, Presumption of Innocence, Abatement of Prosecution
Criminal Law Attachment of Property Abolition of Criminal Proceedings on Death of Accused Presumption of Innocence Abatement of Prosecution

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Parties

U. Subhadramma & Ors.

Appellants

State of A.P. Rep. by Pub. Prosecutor & Anr.

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Judgment Dated 28.06.2006 in Criminal Petition No. 5922 of 2002

Legal Issues

  1. 1 Whether proceedings for attachment of property under the Criminal Law Amendment Ordinance, 1944 can be continued against the property of an accused who died during pending trial.
  2. 2 Whether criminal courts can record findings of guilt against a deceased accused.

Ratio Decidendi

Criminal courts cannot continue proceedings or record findings of guilt against a deceased person. Consequently, attachment of deceased accused’s property under the Criminal Law Amendment Ordinance, 1944 is impermissible as prosecution abates on death, and any orders or findings based on such proceedings are null and void.

Court Disposition

Appeal allowed; impugned judgments and orders set aside.

Orders

  • The orders of the criminal court vis-à-vis the deceased accused are illegal and set aside.
  • The impugned judgment of the High Court is unsustainable and set aside.