The Allahabad High Court was recently taken aback when it encountered a cheating and forgery case that appeared to have been filed by a deceased individual, three years after his passing.
Justice Saurabh Shyam Shamshery quashed the criminal case on August 6 after observing that the 2014 complaint had been filed by an individual who had passed away in 2011.
The Court expressed astonishment at how the police conducted an investigation based on the statement of a deceased person.
"It is very strange that a dead person has not only lodged an FIR, but has recorded his statement before Investigating Officer and thereafter a vakalatnama has also been filed on behalf of him in the present case. It appears that all the proceedings are undertaken by a ghost ... The Court is speechless that how investigation was conducted by Investigating Officer by recording a statement of a dead person," the Court said.
The Court further directed the Superintendent of Police in Kushinagar to investigate the "ghost" responsible for causing such distress and to conduct an inquiry against the investigating officer involved.
"The Superintendent of Police, Kushinagar, is instructed to take note of the peculiar circumstances in this case, where a ghost seems to have lodged an FIR and provided a statement, and to conduct an inquiry into the actions of the concerned investigating officer, with the findings to be recorded in this case," the Court ordered.
The Court also instructed the President of the Allahabad Bar Association to issue a cautionary note to the lawyer who had filed a vakalatnama on behalf of the deceased individual.
The Court was addressing a plea to quash a criminal case filed by Shabd Prakash against a family of five involved in a land dispute. During the proceedings, it was revealed that Shabd Prakash had passed away on December 19, 2011, which was three years before the criminal case was filed.
His death was confirmed through a report from the Chief Judicial Magistrate, Kushinagar, which included a statement from Prakash's wife and a copy of his death certificate.
The High Court questioned how an FIR could have been filed in Prakash's name in 2014, three years after his death. The Court also noted that a chargesheet had been submitted and that Prakash was even listed as a prosecution witness. In light of these revelations, the Court decided to quash the case against the applicants.
"Case No. 3979 of 2019, arising out of Case Crime No. 1028 of 2014, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Kotwali Hata, District Kushinagar are quashed," the Court ordered.
Advocate Rajesh Kumar Singh appeared for the applicants. Government Advocate Bachan Singh represented the State.
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