TMI Blog2016 (7) TMI 1514X X X X Extracts X X X X X X X X Extracts X X X X ..... h enables continuance of prosecution upon death of the accused. We must record that the proceedings and the decisions of the courts below are disturbing, to say the least. In the first place, though the accused had died, the trial court proceeded with the trial and recorded a conviction two years after his death. Then, this null and void conviction was used as a basis for making an attachment of his properties before the Sessions Court. Astonishingly, all applications succeeded, the attachment was made absolute and over and above all, the High Court upheld the attachment. Appeal allowed - decided in favor of appellant. - Criminal Appeal No. 1596 of 2011 - - - Dated:- 4-7-2016 - S.A. Bobde and Amitava Roy, JJ. For the Appellant : J.M. Sharma, Sr. Adv., R.S. Krishnan, Suruchi, Syed Ahmad Naqvi, Sweta Jain and D. Mahesh Babu, Advs. For the Respondent : Guntur Prabhakar, Prerna Singh and G.N. Reddy, Advs. JUDGMENT S.A. Bobde, J. 1. The Appellants being legal representatives of one Ramachandraiah who was accused of offences Under Sections 409, 468 read with Section 471 of the Indian Penal Code, have filed this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as alleged by the prosecution and, therefore, the said Ramachandraiah committed the offence. It was observed by the learned District Judge that Ramachandraiah had been found to have prepared bills in the fictitious names of 21 lecturers during the relevant period and had drawn cash on the basis of the pay bills including the bogus bills since May 1991 and drawn about ₹ 38,00,000/- to ₹ 40,00,000/-. 3. Thereafter on 1-10-2002, the learned District Judge heard both sides and made the order of interim conditional attachment absolute. He observed that the High Court has refused to interfere with the order of interim conditional attachment and though no counter affidavit had been filed by the Appellants, the learned District Judge observed that the Appellants have failed to prove that the properties as mentioned in the Schedule are the self-acquired properties of U. Ramachandraiah and, therefore, the order is being made absolute. 4. The Appellants then challenged the order of the learned District Judge making an interim attachment absolute by way of a petition Under Section 482 of the Code of Criminal Procedure. The learned Single Judge held that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... whose jurisdiction the said person ordinarily resides or carries on business, for attachment, under this Ordinance, of the money or other property which the [State Government, or as the case may be, the Central Government] believes the said person to have procured by means of the offence, or if such money or property cannot for any reason be attached, of other property of the said person of value as nearly as may be equivalent to that of the aforesaid money or other property. [Amended by A.O.1950 again by Prevention of Corruption Act, 1988] (2) The provisions of Order XXVII of the First Schedule to the Code of Civil Procedure, 1908, shall apply to proceedings for an order of attachment under this Ordinance as they apply to suits by the [Government]. (3) An application under sub-section (1) shall be accompanied by one or more affidavits, stating the grounds on which the belief that the said person has committed any scheduled offence is founded, and the amount of money or value of other property believed to have been procured by means of the offence. The application shall also furnish- [Added by Prevention of Corruption Act, 1988] (a) any information available as to the lo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lause is silent as to the effect of abatement of prosecution. It is due to this silence that it is contended by the State Government in this case that the orders of attachment could not only have been continued but could also have been confirmed. It is not possible for us to accept the submission. 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. Concept of abatement of a trial could be subsumed in the Clause where the final judgment and order of the Criminal Court is one of acquittal. In this context, the presumption of innocence of an accused till he is convicted must be borne in mind and there is no reason to consider this presumption to have vaporized upon the death of an accused. It may be noted that this Court has time and again reiterated the presumption of innocence of an accused till he is convicted. (1955) 2 SCR 1140 at page 1195, (1963) 3 SCR 749 at page 766, (2002) 7 SCC 317 at para 8, (2005) 5 SCC 294 at para 35, (2015) 3 SCC 724 at paras 12 and 17 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ho was actually dead. Clause 3 contemplates that such an application must be made to the District Judge within the local limits of whose jurisdiction the said person ordinarily resides or carries on business, in respect of property which the State Government believes the said person to have procured by means of the offences. It is incomprehensible, therefore, that such an application could have been made in regard to a dead person who obviously cannot be said to be ordinarily resident or carrying on business anywhere. There is no legal provision which enables continuance of prosecution upon death of the accused. We must record that the proceedings and the decisions of the courts below are disturbing, to say the least. In the first place, though the accused had died, the trial court proceeded with the trial and recorded a conviction two years after his death. Then, this null and void conviction was used as a basis for making an attachment of his properties before the Sessions Court. Astonishingly, all applications succeeded, the attachment was made absolute and over and above all, the High Court upheld the attachment. 11. The orders of the Criminal Court vis-a-vis Ramac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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