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Synopsis

The Calcutta High Court on Wednesday ordered a probe into a ‘fake’ writ petition filed before it by forging signatures of nearly eight persons including one who had died in 2021.

The Single-Judge bench of Justice Md. Nizamuddin observed it as a serious criminal offence and directed the Additional Director General of Police, CID, West Bengal to probe the matter.

“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 petitioner No.1 to file this writ petition on their behalf,” the court observed.

The petition was filed by 19 petitioners who claimed to be members of a cooperative society by executing a valid Vakalatnama in favour of Advocate Pabitra Charan Bhattacharjee.

It was confirmed by Harish Chandra Gain, the first writ petitioner, who affirmed the affidavit to the writ petition by stating that he was authorised by the other 18 petitioners.

The counsel for Cooperative society, Subrata Kumar Basu, argued before the court that, of the other 18 petitioners, eight had not authorised Gain to file his writ petition. It was further submitted that the writ petition was affirmed and filed in the name of a dead person – petitioner 17, by forging his signature in the Vakalatnama.

The court noted that at least eight members specifically declared that they don’t even know that this writ petition had been filed in their names.

“ Advocate representing the respondent Nos. 3 and 4 based on materials before him submit 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 observed.

“Taking note of such serious criminal act committed in court, by the petitioner No.1 and maybe any other person also along with him, Additional Director General of Police, CID, West Bengal is directed to initiate appropriate criminal proceedings and hold a full-fledged investigation against all those persons who are involved in the such criminal offence committed in court and to take suitable action and he shall file such investigation report in court on 12th April 2023 and also as to the action taken. Such investigation shall be conducted under his supervision,” the court said.

The bench listed the matter on April 12, 2023.

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