Supreme Court · 2016 INSC 488 · Decided 4 July 2016
U. Subhadramma & ORS. v. State of A.P. REP. BY PUB. Prosecutor & ANR.
- Court
- Supreme Court of India
- Citation
- 2016 INSC 488 · [2016] 3 S.C.R. 469
- Case number
- CRIMINAL APPEAL No. 1596/2011
- Decided
- 4 July 2016
- Bench
- S.A. BOBDE, AMITAVA ROY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 471; CrPC Section 482
Headnote
Criminal Law Amendment Ordinance, 1944 -: Clause 3 - Application for attachment of property - Misappropriation of fimds by accused - Death of accused during the pendency of criminal trial - Attachment of property of dead accused by District Judge - Permissibility of- Held: Prosecution cannot - Such proceedings and findings are contrary to the very foundation of criminal jurisprudence - 111 such a case the accused does not exist and cannot be convicted - District Judge committed a gross error of law in acting upon such a finding and treating accused as guilty of such offences while
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