Advocate Prepared False Affidavit? Allahabad High Court Seeks Verification From Oath Commissioner's Register Regarding Deponent's Presence

The Allahabad High Court on Monday sought a report from the Senior Registrar of the Court after verifying whether the petitioner was present before the Oath Commissioner when the alleged affidavit was sworn in giving an undertaking that he would be vacating premises.

In a separate proceeding before the High Court, the then counsel for petitioner submitted an undertaking stating that the petitioner would vacate the disputed premises. Petitioner filed a recall application against the order which was allegedly based on the forged undertaking. Meanwhile, a contempt application was filed by the respondents against the petitioner, which is also pending.

Petitioners filed a writ petition alleging that they had not given any such undertaking before the Court. It was pleaded that their advocate had asked them to sign on some blank papers on which the affidavit was prepared.

“…let a report by submitted by the learned Senior Registrar of this Court after verifying from the register of the Oath Commissioner pertaining to the affidavit of undertaking as to whether the petitioner was present at the time of the affidavit as would emerge from a perusal of the register of the Oath Commissioner,” directed Justice Abdul Moin.

The Court has directed for the verification of the facts, the Senior Registrar may go through the relevant registers of the Oath Commissioner and the CCTV Footage, if necessary.

The case is directed to be listed after two weeks.

Case Title: Jaikar Pandey And 2 Others v. Mustaqeem Ahmad And 3 Others [WRIT - A No. - 771 of 2024]

Counsel for Petitioner: Suneel Kumar Khare, M.K. Dixit

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