Calcutta High Court Orders West Bengal Police To Probe Filing Of 'Fake' Writ Petition By Co-operative Society Members

The Calcutta High Court on Wednesday directed ADGP, CID, West Bengal to initiate criminal proceedings and investigation against persons who were allegedly involved in filing of a "fake" writ petition before it by forging signatures of eight persons including a dead person.

The single judge bench of Justice Md. Nizamuddin observed:

“This is a serious criminal offence committed before this High Court by filing this fake writ petition in the name of those persons by forging their signatures who have not authorised the petitioner No.1 to file this writ petition on their behalf.”

The writ petition was filed on March 23 by 19 petitioners who claimed to be the members of a Cooperative Society, by executing proper Vakalatnama in favour of the Advocate Pabitra Charan Bhattacharjee.

The petitioner no. 1- Harish Chandra Gain affirmed in the affidavit to the writ petition by making the statement that he has been duly authorised by all other 18 petitioners.

The Counsel appearing for the Co-operative Society, Subrata Kumar Basu submitted before the court that out of other 18 petitioners, eight petitioners have not authorised Gain to file this writ petition.

He further submitted that the writ petition was affirmed and filed in the name of a dead person — petitioner no.17, by forging his signature in the Vakalatnama.

“Learned Advocate representing the respondent Nos. 3 and 4 on the basis of materials before him submits that at least eight of those petitioners have specifically declared before him that they even do not know that this writ petition has been filed in their names,” the court noted in the order. 

The court directed the ADGP, CID, West Bengal to initiate appropriate criminal proceedings and hold a full-fledged investigation against all those persons who were involved in such criminal offence committed in court and to take suitable action.

“He shall file such investigation report in court on April 12, 2023 and also as to the action taken. Such investigation shall be conducted under his supervision,” the court said.

The matter is listed again on April 12 for Orders.

Case Title: Harish Chandra Gain & Ors. v. The State of Bengal & Ors.

Citation: 2023 LiveLaw (Cal) 84

Coram: Justice Md. Nizamuddin

Click Here to Read/Download Order