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Supreme Court of India 2016-07-04 allowed

U. Subhadramma & Ors vs State of A.P. Rep. By Pub. Prosecutor & Anr

Bench: 2 — S.A. Bobde

In Brief

The appellants, legal representatives of a deceased accused Ramachandraiah, challenged the absolute attachment of his properties under the Criminal Law Amendment Ordinance, 1944. The trial court had recorded a finding of guilt after Ramachandraiah's death in 1991, and this finding was used to attach his property. The Supreme Court held that prosecution cannot continue against a deceased person and courts cannot record findings of guilt against the dead. The presumption of innocence survives death, and attachment orders must be withdrawn upon prosecution abatement. All prior orders were set aside and the appeal was allowed.

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Criminal Law Criminal Procedure Misappropriation of Public Funds Attachment of Property Criminal Law Amendment Ordinance Procedure After Death of Accused

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