"Ghostly Proceedings: Court Shocked as Dead Man 'Files' FIR and 'Testifies' in Legal Blunder"
This is a case marred by glaring inconsistencies and shocking negligence which left the court utterly shocked and speechless due to horrifying lapses in the investigation and legal proceedings.
Purushottam Singh and 4 Others vs. State of U.P. and Another
Crl. Misc. Case No.8258/2020
Before the High Court of Allahabad
Hear by Hon'ble Mr. Justice Saurabh Shyam Shamshery J
Key Lapses and Shocking Revelations:
Dead Complainant Filing an FIR: The most astonishing aspect of this case is that an FIR was lodged by a person who had been deceased for three years. The complainant, Shabd Prakash, died on December 19, 2011. However, an FIR was inexplicably filed in his name in 2014, well after his death.
Statements from the Deceased: The court was further astounded when it was revealed that the deceased individual not only "lodged" the FIR but also "recorded" his statement before the Investigating Officer. This defies logic and raises serious questions about the integrity and competence of the investigation.
Legal Representation for a Ghost: Adding to the bizarre nature of the case, a vakalatnama was filed on behalf of the deceased complainant, purportedly signed by one Mamta Devi on December 19, 2023. The vakalatnama was submitted without disclosing that the complainant had passed away years before even lodging the FIR.
Quashing of Proceedings: In light of these awful errors, the court quashed the ongoing proceedings of this case, which arose in 2014. The court could not understand how the investigation was conducted to the extent that a dead person was treated as an active participant in the legal process.
Directive for Inquiry: The court directed the Superintendent of Police, Kushinagar, to investigate the matter further, particularly focusing on the conduct of the Investigating Officer responsible for this glaring oversight. The court ordered that this inquiry be placed on record.
Warning to Legal Counsel: The court took serious note of the negligence of the legal counsel, who failed to disclose the death of the complainant while submitting the vakalatnama. The court sent a copy of the order to the President of the Allahabad Bar Association, advising the concerned advocate to exercise greater caution in the future.
Seema Bhatnagar
