Allahabad High Court Dismisses Cheating Case Filed by Deceased Individual
The Allahabad High Court recently quashed a criminal case of cheating and forgery, revealing that the case was bizarrely initiated by a deceased individual. The case, filed in 2014, was brought forward by Shabd Prakash, who had passed away in 2011. The Court’s decision on August 6, 2024, came after it was discovered that not only was the FIR lodged by Prakash, but he also provided a statement to the police and had a vakalatnama (power of attorney) filed on his behalf.
Justice Saurabh Shyam Shamshery expressed astonishment at the handling of the case, noting that the investigation was conducted based on the statements of someone who was deceased. The Court found it incredulous that the FIR, statements, and legal proceedings were carried out as though Prakash were alive.
The Court has directed the Superintendent of Police in Kushinagar to investigate the matter and hold accountable those involved in the erroneous proceedings, including the investigating officer. Additionally, the Court has instructed the President of the Allahabad Bar Association to address the issue with the lawyer who filed the vakalatnama, ensuring future caution to avoid such irregularities.
The case arose from a land dispute where Prakash was listed as a prosecution witness, despite his death being confirmed by official records. The Court criticized the fact that charges were filed and processed against the accused in his name after his death, leading to the dismissal of the case.
The High Court’s ruling has effectively nullified Case No. 3979 of 2019, arising from Case Crime No. 1028 of 2014, which involved allegations under Sections 419, 420, 467, 468, and 471 of the Indian Penal Code.
(With inputs from agency)
Share your news, articles, deals, columns, or press releases with us! Click the link to submit and join our platform today.
