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Synopsis

The Allahabad High Court on Thursday ordered the Central Bureau of Investigation (CBI) to investigate 46 alleged fake cases, filed for allegedly extorting money from the accused persons which also include advocates, registered at different police stations in Prayagraj.

A bench of Justice Gautam Chaudhary directed that "till submission of preliminary enquiry report by the C.B.I. there shall be no arrest either of the accused persons or any other aggrieved persons."

The order has been passed in an application for expeditious disposal of a matter pending before the Special Court, SC/ST Act, Prayagraj. The bench was informed that there is a gang of advocates operating in the High Court, who trap people in these types of fake cases and after submission of chargesheet, extort money from them. The members of this gang get people trapped in the SC/ST Act case and distribute the money among themselves after getting money from the Government, it was alleged.

Advocate Bhupendra Singh, an accused in the matter, submitted a list of 50 cases demonstrating that the same had been registered against innocent persons including the advocates.

The Court noted that looking into the matters, it appeared that the gang is operating to lodge frivolous FIRs against the Advocates of Allahabad High Court as well as District Court because they are contesting the cases on behalf of the accused persons and that money was demanded to withdraw the cases. "The matter is profoundly serious", he observed.

Court opined, "It appears that there is miscarriage of justice, thus relying upon the Judgement of Hon'ble Apex Court in the matter of State of West Bengal and others (supra) as well as in the interest of justice and to protect the interest of Advocates, who are victimised of false accusations merely on the ground that they are contesting the case on behalf of accused persons. it is necessary that the matter be investigated by the C.B.I."

Court, accordingly, directed the CBI to conduct a preliminary inquiry within a period of two months. It has also asked Senior Advocate Gyan Prakash appearing for CBI to submit the preliminary report in a sealed cover before the Court on the next date fixed.

Case Title: Nikki Devi Vs. State of U.P. and Another