Supreme Court of India · 1978-11-21
LAKSHMI SHANKAR SRIVASTAVA vs STATE (DELHI ADMINISTRATION)
- Citation / case number
- SC 1972/60192
- Court
- Supreme Court of India
- Petitioner
- LAKSHMI SHANKAR SRIVASTAVA
- Respondent
- STATE (DELHI ADMINISTRATION)
- Author
- D.A. DESAI
- Bench
- D.A. DESAI
Judgment text excerpt
The Supreme Court held that under Section 394(2) of the Criminal Procedure Code, 1973, an appeal does not abate upon the death of the appellant if leave is granted to near relatives to continue the appeal. The Court dismissed the appeal, affirming that the sanction for prosecution under Section 6 of the Prevention of Corruption Act, 1947 was valid, as it complied with the Central Civil Services (Classification, Control and Appeal) Rules, 1957. The Court clarified that the relatives of the deceased appellant could pursue the appeal despite his death, ensuring that the legal proceedings could continue.