Allahabad High Court orders probe after petitions filed in the name of deceased advocate

The Allahabad High Court on Wednesday ordered registration of a First Information Report (FIR) after it was discovered that petitions were filed before the Court in the name of a deceased advocate..Single-judge Justice Samit Gopal, took a dim view of the incident noting that the advocate in whose name the plea were filed, had passed away in 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 order noted.The order was passed on a bail plea moved under Section 439 of Criminal Procedure Code on behalf of two murder accused Kamlesh Yadav and Rajesh Chauhan.When the matter was taken up, no one appeared on behalf of the applicants to press the bail application even when the matter was taken up in the revised list..The Court remarked that the plea was filed in a clandestine manner for reasons best known to the person who had played mischief by filing the same.He then did not appear before the Court to press the plea, the Court said..The Registrar General was directed to register an FIR in the matter with the Court adding that the investigation should be done seriously so as to ascertain the truth and to take appropriate action against persons involved in filing bogus pleas.."The needful be done within one month from today. 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 directed.."The present bail application is an example of a mischievous filing of a case before a Court of law by fictitious person(s)," the judge added..When the matter had been taken up earlier on July 26, Advocate Abhishek Kumar had appeared though he was not a counsel in the matter.Kumar had then informed the Court that the bail application was shown to be filed by advocate Aditya Narayan Singh and Advocate Rajesh Chandra Tiwari, which "is a mischief by some one as Aditya Narayan Singh has expired around two years back and as per the Advocate Roll No. A/R1202/12 the same is some one else and not of Sri Rajesh Chandra Tiwari.".Kumar also produced before the Court three orders wherein the deceased advocate was shown as the counsel."Court thus cannot shut its eye to the said issue and let the same go by after prima facie coming to the opinion that the filing of the present bail application on behalf of the two applicants Kamlesh Yadav and Rajesh Chauhan is in a clandestine manner. The present case is a sham litigation," the Court further said. .The matter will be heard again on October 25 when the Court will consider a compliance report of the Registrar General and the Additional Government Advocate for passing further orders..[Read Order]