The Court was dealing with a plea to quash a criminal case filed by one Shabd Prakash against a family of five (applicants) in a land dispute.
During the hearing of the matter, the Court was informed that Shabd Prakash had died on December 19, 2011, or three years before the criminal case was filed.
His death was confirmed by a report from the Chief Judicial Magistrate, Kushinagar, based on a statement by Prakash’s wife and a copy of his death certificate.
The High Court questioned how a first information report (FIR) was filed in the name of Prakash in 2014, three years after his death. The Court took critical note that a chargesheet was also filed in the matter and that Prakash was even listed as a prosecution witness.
Having unearthed these aspects, the Court proceeded to quash the case against the applicants.
“Case No. 3979 of 2019, arising out of Case Crime No. 1028 of 2014, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Kotwali Hata, District Kushinagar are quashed,” the Court ordered.
Source: Barandbench
