The Allahabad High Court while quashing a criminal case has expressed surprise at the incident of harassing innocent people by registering an FIR against them in the name of a ‘ghost’ (dead person) in Kushinagar.
A Single Bench of Justice Saurabh Shyam Shamshery passed this order while hearing an application under section 482 filed by Purushottam Singh and 4 Others.
The Court said that it is very strange that a dead person has not only lodged an FIR, but has recorded his statement before the Investigating Officer and thereafter a vakalatnama has also been filed on behalf of him in the case. It appears that all the proceedings are undertaken by a ghost.
A fact that the complainant (Shabd Prakash) has died on 19.12.2011 is being corroborated from a report submitted by Chief Judicial Magistrate, Kushinagar on the basis of statement of his wife along with a copy of death certificate.
In this case said dead person (a ghost) has lodged an F.I.R in the year 2014 i.e after three years of his death and thereafter not only he has recorded his statement but a charge sheet was also filed on 23.11.2014 wherein he was proposed as one of prosecution witness.
The Court is speechless that how investigation was conducted by Investigating Officer by recording a statement of a dead person, therefore, not only proceedings of Case under Sections 419, 420, 467, 468, 471 I.P.C, Police Station Kotwali Hata, District Kushinagar are quashed, but the Court directed that the Superintendent of Police, Kushinagar will take note of facts of the case that a ghost is creating trouble to innocent person by lodging FIR, giving his statement and conduct an enquiry against concerned I.O and be placed in record of this case.
“Vimal Kumar Pandey, Advocate has filed a vakalatnama on behalf of Shabd Prakash on 19.12.2023, signed by one Mamta Devi, without disclosing that Shabd Prakash has died even before lodging FIR. A copy of the order is sent to President Allahabad Bar Association to take note and to advise the Advocate concerned to remain cautious in future”, the order reads.
Accordingly, the Court disposed of the application.
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