BHAGWAN SINGH versus STATE OF U.P. & ORS.

BHAGWAN SINGH versus STATE OF U.P. & ORS.

The Court found on the record that respondent nos.3 and 4, assisted by certain advocates and a notary, were involved in filing false and fabricated vakalatnamas and affidavits in the name of the petitioner without his knowledge or consent, constituting a fraud on the Court; in view of the gravity and seriousness of the misconduct the Court directed the CBI to register and investigate the matter and issued procedural and administrative directions including limits on AoR markings and reporting to regulatory authorities.

Parties
Appellant: Bhagwan Singh; Respondent: State of U.P. & Ors.; Respondent: Ajay Katara; Respondent: Sukhpal Singh; Respondent: Rinki
Jurisdiction
India
Judgment Date
20 September 2024
Procedural Posture
Criminal Appeal / Disposed
Outcome
Appeals disposed of; investigation directed to be handed over to the CBI; administrative and procedural directions issued
Legal Topics
Abuse of Process of Law, Fraud on Court, False Proceedings and Fabricated Documents, Notarization and Notaries Rules R.11, Advocates on Record Appearance Rules, Witness Intimidation and Protection, CBI Investigation
Criminal Law Civil Procedure Professional Ethics Notaries Law Administrative Law Evidence and Witnesses Abuse of Process of Law Fraud on Court +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Bhagwan Singh

Appellant

State of U.P. & Ors.

Respondent

Ajay Katara

Respondent

Sukhpal Singh

Respondent

Rinki

Respondent

Procedural Posture

Criminal Appeal / Disposed

Legal Issues

  1. 1 Whether false proceedings were filed in the name of the petitioner without his knowledge, consent or authority
  2. 2 Whether advocates and a notary were involved in forging/fabricating vakalatnamas and affidavits
  3. 3 Whether the Notary acted in violation of the Notaries Rules r.11 by notarizing affidavit in the absence of the deponent

Ratio Decidendi

The Court found on the record that respondent nos.3 and 4, assisted by certain advocates and a notary, were involved in filing false and fabricated vakalatnamas and affidavits in the name of the petitioner without his knowledge or consent, constituting a fraud on the Court; in view of the gravity and seriousness of the misconduct the Court directed the CBI to register and investigate the matter and issued procedural and administrative directions including limits on AoR markings and reporting to regulatory authorities.

Court Disposition

Appeals disposed of; investigation directed to be handed over to the CBI; administrative and procedural directions issued

Orders

  • CBI to register a regular case (after preliminary inquiry if necessary) against all persons found involved and investigate all links leading to the alleged crimes and fraud on court; Director, CBI to submit report within two months
  • Original records of the High Court application and recall applications and original records of the instant appeals to be handed over to the Director, CBI in a sealed cover after retaining certified copies