Rajesh Pandey
In a case, where not only police registered an FIR on a complaint of a person, who was already dead but later on, it also filed charge sheet on the basis of his statement of that dead person, the court questioned the integrity and competence of the police investigation.
Justice Saurabh Shyam Shamshery, while quashing the criminal proceeding said, “It is very strange that a dead person has not only lodged an FIR but has recorded his statement before investigating officer (IO) 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 Shamshery in his order dated August 6, also directed the Superintendent of Police, Kushinagar, to investigate the conduct of the investigation officer (IO) of this case.
An FIR was filed in 2014 at Police Station Kotwali Hata, Kushinagar district. The name of the Informant as per FIR was Shabd Prakash, a man who had died on December 19, 2011.
According to official records, including a death certificate and the testimony of his wife, Shabd Prakash’s death was confirmed and documented long before the FIR was ever lodged.
During the course of investigation, IO allegedly recorded the statement of the deceased as if he was alive and capable of participating in legal proceedings and later, a charge sheet was filed on November 23, 2014, naming the deceased as a prosecution witness.
