Prayagraj: A bizarre case before the Allahabad High Court left it speechless in which a person who died three years back not only lodged a First Information Report (FIR) but also recorded his statement before the Investigating Officer (IO) of the case. The High Court quashed the proceedings against the petitioner arising out of the said FIR and has directed the Superintendent of Police, Kushinagar to take note of the facts of the case.
Dead person not only lodged an FIR after three years of his death but also recorded his statement before IO
In the case before the High Court, said dead person lodged an FIR in the year 2014 after three years of his death and thereafter not only the dead recorded his statement but a charge sheet was also filed on November 23, 2014 wherein the dead person was proposed as one of prosecution witness. Not only this, a vakalatnama by a lawyer was also filed on behalf of the dead person before the High Court.
The complainant in the present case had died on December 19, 2011 and it was corroborated from a report submitted by chief judicial magistrate, Kushinagar on the basis of the statement of the wife of the dead person along with copy of death certificate.
It appears that all the proceedings are undertaken by a ghost, High Court remarked
“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,” Justice Saurabh Shyam Shamshery remarked.
The High Court, shocked at the uncovering of series of events, quashed criminal proceedings against petitioner Purushottam Singh and directed Superintendent of Police, Kushinagar to 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 the concerned IO and place the report in record of the case.
Court is speechless that how investigation was conducted by IO by recording a statement of a dead person: High Court
“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 No. 3979 of 2019, arising out of case Crime No. 1028 of 2014, under sections 419, 420, 467, 468, 471 IPC. Police Station Kotwali Hata, District Kushinagar are quashed, but it is directed that Superintendent of Police, Kushinagar will take note of facts of present 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,” the High Court said in its order.
The High Court also sent a copy of the order to President of the Allahabad Bar Association to take note and to advice the advocate concern, who filed vakalatnama on behalf of the dead person without disclosing that said person has died even before lodging the FIR, to remain cautious in future.