Death of accused

rajeev joshi (Querist) 11 August 2018 This query is : Resolved
In a given case there are three accused. Before even the charges are framed, one of the accused dies.under which rule, sec, Act we can bring this to the notice of the court? and apply for the abatement of the case concerning the accused who is no more.sec 394 of CrPC deals with abatement of appeal.

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Guest (Expert) 11 August 2018
Other two accused have to face the trials in court. Death of one of the accused will not be an advantage to other two who are alive please.

rajeev joshi (Querist) 11 August 2018
I would like to know under what sec we can submit a memo to court for the abatement of case reg accused who is no more.

Guest (Expert) 12 August 2018
If there ia an allegation against a person A dies simple logic and common sense that can we proceed against him and deliver judgement also. it is a futile exercise.. If there are other accused than the deceased case proceeds against him

Dr J C Vashista (Expert) 12 August 2018
How can you be in an appeal when charges are yet to be framed?
In the instant case proceeding shall abate against deceased accused.

Kumar Doab (Expert) 14 August 2018
Other 2 accused to face the trial.
GO thru;The Code Of Criminal Procedure, 1973
319. Power to proceed against other persons appearing to be guilty of offence.
394
https://indiankanoon.org/doc/435819/

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