[Section 394 CrPC] Amicus Curiae appearing for deceased-appellant not a 'near relative' for continuance of appeal: Supreme Court

The Supreme Court recently observed that for the purpose of continuance of appeal under Section 394 of the Code of Criminal Procedure 1973, an Amicus Curiae appearing for the deceased-appellant cannot be treated as a 'near relative' [Yeruva Sayireddy v. State of Andhra Pradesh and Another]..A Division Bench of Justices Vineet Saran and Aniruddha Bose noted that the appeal filed by a convict under Section 394 CrPC 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 CrPC, on the death of the appellant or convict the appeal is to abate."The proviso thereof carries an exception to the effect that a near relative may, within thirty days of the death of the appellant/convict, apply to the Appellate Court for leave to continue the appeal. The explanation to the said proviso defines ‘near relative’ to mean a parent, spouse, lineal descendant, brother or sister," the Court observed.Moreover, the Court also noted that in the present case there is no application for leave to continue the appeal after the death of the appellant/convict..Advocate Shikhil Suri appearing for the deceased-appellant argued that where there is every chance of the appellant being acquitted, his oral prayer as an Amicus Curiae shoild be considered as an application for continuance of the appeal.The Court, however, turned down the request."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 Cr.P.C., this appeal would abate," the Court said.Consequently, the appeal was disposed of as having abated..[Read Order]