Amicus Curiae Appearing for Deceased-Appellant not a ‘Near Relative’ for Continuance of Appeal: SC

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Anurupa pal

Published on: March 11, 2022 at 20:04 IST

The Supreme Court of India recently said that for the Purpose of Continuance of Appeal Under Section 394 Code of Criminal Procedure 1973, an Amicus Curiae appearing for the Deceased Appellant cannot be treated as a near relative.

A Division Bench of Justice Vineet Sharma and Justice Aniruddha Bose noted that the Appeal filed by a Convict under Section 394 Code of Criminal Procedure will Abate if No Application for continuance of the Appeal is made within 30 days by a near relative.

The Top Court was hearing a Criminal Appeal assailing the Order of the Andhra Pradesh High Court which had Upheld the Conviction of the Appellant under Section 302 of the Indian Penal Code (IPC) 1860 for Murder of his Daughter-in-law.

The Appellant had died during the Pendency of Appeal before the Supreme Court.

The Top Court noted that under Section 394 Code of Criminal Procedure, on the Death of the Appellant or Convict the Appeal is to Abate.

“The Counsel, as an Amicus, cannot be treated as a near relative of the deceased Appellant/Convict. The application for continuance of the Appeal having not been made within 30 days or even thereafter by any near relative, in our opinion, as per the Provision of Section 394 of the Criminal Procedure Court, this appeal would Abate,” the Court said.

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