Allahabad High Court orders prosecution of lawyer, litigant for forging signature in PIL

The Allahabad High Court recently ordered the prosecution of a lawyer and his client for allegedly forging signatures of another counsel while filing an application for withdrawal of their case [Sangeeta Gupta v State of UP and 4 Others].

A Division Bench of Justice Arun Bhansali and Justice Kshitij Shailendra directed the Registrar (Selection & Appointment) to make a complaint against advocate Ashraf Ali and one Sangeeta Gupta before a magistrate in Prayagraj within six months.

“The jurisdictional Magistrate, Prayagraj shall, on receiving the complaint, proceed in accordance with law as per procedure prescribed in BNSS, 2023,” the Court ordered on July 14.

The order was passed in relation to a Public Interest Litigation (PIL) petition filed by Gupta through advocate Ali for directions to rectify illegalities in appointment of the Manager of Tamkuhiraj Education Society as well as Fateh Memorial Inter College, Tamkuhi, district Kushinagar.

During the pendency of the plea, one of the respondents to the PIL filed an application under Section 379 of Bharatiya Nagarik Suraksha Sanhita (BNSS) which outlines the procedure for prosecuting those who commit perjury or fabricate evidence in court proceedings.

The respondent alleged that while filing an application for withdrawal of the PIL, the petitioner had forged the signatures of their (respondent's) counsel to show that a copy of the withdrawal application had been received by him.

It was also alleged that Gupta along with Ali and one advocate AP Singh keep on filing frivolous petitions.

The Court said it was prima facie satisfied that Ali and Gupta have committed offence described in Section 215(1)(b) of BNSS and thus ordered that the matter be tried by a magistrate. 

"The matter has to be tried by jurisdictional Magistrate at Prayagraj as per provisions contained under Section 379 BNSS and other allied provisions," it said.

[Read Order]