The Allahabad High Court has quashed an FIR filed by a deceased individual in a 2014 land dispute case from Kushinagar, revealing confusion over the filing process. Justice Saurabh Shyam Shamshery questioned the Kushinagar SP and noted that an affidavit from 2023 was allegedly signed by the deceased.
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UTTAR PRADESH: The Allahabad High Court has quashed an FIR that was allegedly filed by a deceased individual in a 2014 land dispute case originating from Kushinagar. This case has left both the judiciary and the public in a state of confusion due to the peculiar circumstances surrounding it.
The case was brought before Justice Saurabh Shyam Shamshery of the Allahabad High Court. Justice Shamshery questioned the Superintendent of Police (SP) of Kushinagar, demanding an explanation for how a deceased individual could file an FIR. The court’s scrutiny intensified when it was revealed that an affidavit opposing the petition in the High Court, dated 2023, was allegedly signed by the same deceased person.
In 2014, an FIR was lodged against five members of a family by Shabd Prakash, a man who had passed away in 2011. The investigating officer, seemingly unaware of this fact, recorded statements and filed a chargesheet, resulting in the continuation of the case. The accused in this perplexing case included Purushottam Singh, along with his two brothers and two sons. They challenged the police chargesheet, arguing that it was based on false premises.
Their lawyer, Rajesh Kumar Singh, presented critical evidence in the form of a death certificate submitted by Shabd Prakash’s wife, Mamta. This certificate unequivocally proved that Prakash had died in 2011, three years before the FIR was lodged. The court was taken aback upon discovering that the investigating officer not only filed the FIR in 2014 but also recorded statements purportedly from the deceased.
“The court was stunned to discover that the investigating officer had not only filed the FIR in 2014 but had also recorded statements from the deceased.”
-stated the court in its ruling.
This revelation raised serious questions about the integrity of the investigation and the conduct of the officers involved.
The court also noted another shocking detail: in 2023, an affidavit opposing the petition in the High Court was allegedly signed by the same deceased person. This further complicated the case and underscored the need for a thorough investigation into how such glaring discrepancies could occur.
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“The court also observed that an affidavit opposing the petition in the High Court, dated 2023, was allegedly signed by the same deceased individual.”
– the judgment highlighted.
After a comprehensive review of the case, the court decided to quash the chargesheet against Purushottam Singh and his family members. The ruling called for an investigation by the SP of Kushinagar to determine how a deceased individual could file a case and how the investigating officer recorded a statement from someone who had passed away.
The court’s decision was met with strong displeasure, particularly directed towards the investigating officer and the legal professionals involved. It directed the president of the High Court Bar Association to send a copy of the order to the appropriate authorities. Additionally, the court advised the lawyer who filed an affidavit in the name of the deceased petitioner to exercise greater caution in the future.
The court expressed strong displeasure and directed the president of the High Court Bar Association to send a copy of the order. It also advised the lawyer who filed an affidavit in the name of the dead petitioner to exercise caution in the future.
