Allahabad High Court quashes cheating case filed by "ghost"

The Allahabad High Court was recently surprised to come across a cheating and forgery case that was seemingly filed by a dead man, three years after his death [Purushottam Singh and ors v. State of UP and ors]..Justice Saurabh Shyam Shamshery quashed the criminal case on August 6 after noting that the 2014 criminal complaint was lodged by a person who had died in 2011. The Court expressed shock over how the police investigated the case based on dead person's statement."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 at Kushinagar to take note of the "ghost" who had created so much trouble and hold an inquiry against the concerned investigating officer. "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 Court ordered..The Court also asked the President of the Allahabad Bar Association to issue a note of caution to the lawyer who had filed a vakalatnama on behalf of the deceased man."Sri Vimal Kumar Pandey, learned Advocate has filed a vakalatnama on behalf of Shabd Prakash on 19.12.2023, signed by one Mamta Devi, without disclosing that said 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 advice the Advocate concern to remain cautious in future," the order stated..The Court was dealing with a plea to quash a criminal case filed by one Shabd Prakash against a family of five (applicants) in a land dispute. During the hearing of the matter, the Court was informed that Shabd Prakash had died on December 19, 2011, or three years before the criminal case was filed.His death was confirmed by a report from the Chief Judicial Magistrate, Kushinagar, based on a statement by Prakash's wife and a copy of his death certificate.The High Court questioned how a first information report (FIR) was filed in the name of Prakash in 2014, three years after his death. The Court took critical note that a chargesheet was also filed in the matter and that Prakash was even listed as a prosecution witness.Having unearthed these aspects, the Court proceeded 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..[Read Order]