In a case that has left the legal world in shock, the Allahabad High Court recently dismissed a criminal proceeding involving an FIR that had bizarrely been filed by a deceased person. The case, overseen by Justice Saurabh Shyam Shamshery, highlights serious flaws in the criminal justice system, revealing how a dead man was mistakenly treated as an active complainant.
The Strange Tale
The unusual situation began in 2014 when an FIR was lodged at Poèce Station Kotwali Hata in District Kushinagar. The complainant listed in the FIR was Shabd Prakash, who had passed away on December 19, 2011. Despite his death being officially recorded and confirmed with a death certificate and testimony from his wife, an FIR was filed in his name.
Adding to the absurdity, the case saw the following oddities:
- The Investigating Officer reportedly took a statement from the deceased as though he were alive and able to engage in the legal process.
- A charge sheet was filed on November 23, 2014, naming the deceased as a witness in the prosecution.
Court's Reaction
Justice Shamshery expressed astonishment over the case, commenting, "It is incredibly strange that a dead person not only lodged an FIR but also gave a statement to the Investigating Officer and even had a vakalatnama filed on his behalf. It seems like all proceedings were handled by a ghost."
The court criticized the police investigation for its gross negligence, which not only erodes public trust but also causes unnecessary distress for innocent people.
Legal Representation After Death
The situation became even more puzzling when it was revealed that a vakalatnama, a document authorizing legal representation, was filed on December 19, 2023, allegedly signed by Shabd Prakash's wife, Mamta Devi.
