Litigants File Forged Documents In HC | Allahabad High Court Initiates Suo Moto Criminal Contempt Proceedings, Orders Their Arrest

Issuing non-bailable warrants of arrest against the petitioners/litigants, the bench of Justice Dinesh Kumar Singh directed the Director General of Police, U.P. and Director General of Police, Uttarakhand to ensure the arrest of the petitioners and their presence before the Court on October 12.

The case in brief

On July 14, 2022, the Court stayed the proceedings with regard to a charge sheet filed under various sections of the Indian Penal Code against the petitioners after they submitted before the Court that they are willing to refund the money contributed by opposite party No.2 in pursuance of the partnership deed entered into between the parties.

On August 8, 2022, the petitioners undertook before the Court to deposit a sum of Rs. 35 Lac in favour of respondent no. 2 within a period of one month and an amount of Rs. 15 Lakhs was to be deposited by the petitioners in favour of respondent no. 2 on or before December 31, 2022.

However, when the case came before the Court on the next date of hearing, the Court noted that the petitioners had failed to deposit a sum of Rs. 35 Lac in favour of respondent no. 2 as per the undertaking given by them before the Court.

It was submitted by the petitioners that since the ICICI Bank was yet to defreeze their account as per the Court's order (as the account details weren't mentioned in Court's order due to which the ICICI couldn't defreeze their account), therefore, the petitioners could not bring a Bank Draft of Rs.35,00,000/- as directed by the Court.

In this regard, the petitioners also submitted a communication allegedly issued by the ICICI bank.

However, when the court sought to know from the ICICI bank as to whether they issued any such communication to the petitioners regarding their inability to defreeze the account in question, it came to light that no such Letter had been issued by ICICI Bank to the petitioners. It was also told to the Court that in respect of two accounts, the available balance is Rs.1068.3 and Rs.1043 in the accounts of the petitioners.

Against this backdrop, noting that despite the court's specific directions, the petitioners did not present themselves before the Court, the Court, on Wednesday concluded that the petitioners committed contempt of the Court by remaining absent and further, criminal contempt was also committed by them as they forged document before this Court

"They have further committed criminal contempt of this Court as they have submitted a forged document before this Court on affidavit and, thus, they have tried to interfere with the course of justice and pollute the stream of justice by bringing on record a forged and fabricated document on affidavit to mislead this Court and obtain a favourable order. They have further committed criminal contempt of this court by falsely stating on affidavit that the two bank accounts of the petitioners mentioned in the application and referred to above have sufficient amount to honour the directions of this Court to bring a bank draft of Rs.35,00,000/- favouring respondent No.2 but for not defreezing the accounts by the Bank, they could not bring the Bank draft of Rs.35,00,000/- favouring respondent No.2," the Court remarked

In view thereof, the Court took a Suo Moto action against the petitioners and ordered that separate criminal contempt proceedings be drawn against the petitioners by registering a Suo Moto criminal contempt against them. The Court also vacated the stay on the proceedings of the charge sheet filed against the petitioners.

Case title - Suresh Kumar Tanwar And Another v. State Of U.P. Thru. Prin. Secy. Home Sectt. Lko. And Another and connected plea

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