Petitions Filed Before HC In The Name Of Deceased Advocate: Allahabad High Court Directs Registrar General To Lodge FIR
The Allahabad High Court last week directed its Registrar General to lodge a First Information Report (FIR) in the matter, after it found that 3 petitions were filed before the Court in the name of an advocate who has already died. The Bench of Justice Samit Gopal was presiding over a bail plea, filed in the name of the deceased lawyer, when it noted that 3 other pleas have also been...
The Allahabad High Court last week directed its Registrar General to lodge a First Information Report (FIR) in the matter, after it found that 3 petitions were filed before the Court in the name of an advocate who has already died.
The Bench of Justice Samit Gopal was presiding over a bail plea, filed in the name of the deceased lawyer, when it noted that 3 other pleas have also been filed in the name of the same advocate who has reportedly passed away in the year 2014.
"The common feature in all the three above petitions is that Sri Aditya Narayan Singh, Advocate (who is reported to have died on 16.05.2014) has been the sole counsel in two matters and one of the counsels in the writ petition," the Court remarked.
Background of the matter
The Court was hearing the bail plea of on behalf of two murder accused Kamlesh Yadav and Rajesh Chauhan (again, filed in the name of the deceased advocate), however, even when no one appeared on behalf of them, the Court took up the matter in the revised list, and noted thus:
"The present bail application is an example of a mischievous filing of a case before a Court of law by fictitious person(s)."
Earlier, on July 26, appearing before the Court, an Advocate named Abhishek Kumar had informed the Court that though the bail application was shown to be filed by advocate Aditya Narayan Singh and Advocate Rajesh Chandra Tiwari, however, alleged that it was mischief by someone.
He further informed the Court that Advocate Aditya Narayan Singh had expired around two years back and the Advocate Roll No. A/R1202/12 is of some one else, and not of Sri Rajesh Chandra Tiwari.
He also apprised the Court of three other pleas, in which the said deceased advocate had been named as an advocate.
Under these circumstances, the Court observed thus:
"…it is apparent that the present bail application has been filed in a clandestine manner for the reasons best known to the person(s) who have played mischief by filing the same and then not appearing before the Court to press the same."
Further, noting that the bail application is a bogus bail application and that the Court cannot shut its eye to the said issue, the Court prima facie opined that the bail application had been filed in clandestine manner.
Lastly, the Registrar General was directed to register an FIR in the matter and also directed that the investigation in the matter be done seriously so as to cull out the truth and appropriate action be taken against person(s) involved in the bogus and clandestine filing of the bail application.
"The needful be done within one month from today. 16. The Senior Superintendent of Police, Prayagraj is directed to ensure that the investigation is done by a responsible and a competent police officer efficiently," the Court further added.
Case title - Kamlesh Yadav And Another v. State of U.P.
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