U. Subhadramma vs State of A.P. rep. by Pub. Prosecutor - Supreme Court

 U. Subhadramma vs State of A.P. rep. by Pub. Prosecutor - Supreme Court Important Judgment 2016 - 

 

On 4th July, 2016, in the case of U. Subhadramma vs State of A.P. rep. by Pub. Prosecutor & Anr. [Criminal Appeal No.1596 of 2011], while examining the question as to whether the property of a person accused of misappropriation but who died during pendency of the criminal trial can be attached in the hands of his legal representatives under the provisions of Criminal Law Amendment Ordinance, 1944, the Court held that “if the law requires that the orders of attachment should be withdrawn upon acquittal it stands to reason that such orders must be withdrawn when the prosecution abates or cannot result in a conviction due to the death of the accused, whose property is attached.” In the instant case, it was accordingly held that the District Judge “could not have proceeded with the attachment proceedings at all since the attachment proceedings were initiated by the State” against the accused “under clause 3 of the Criminal Law Amendment Ordinance, 1944, who was actually dead.”

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