The Allahabad High Court has recently mandated the initiation of legal proceedings against a lawyer and his client, accusing them of forging the signature of another attorney in the process of filing a withdrawal application for their case. This decision came in the case of Sangeeta Gupta v State of UP and 4 Others.
A Division Bench, comprising Justice Arun Bhansali and Justice Kshitij Shailendra, instructed the Registrar (Selection & Appointment) to file a formal complaint against advocate Ashraf Ali and his client, Sangeeta Gupta, before a magistrate in Prayagraj within a six-month timeframe. The Court’s directive, issued on July 14, stated, “The jurisdictional Magistrate, Prayagraj shall, upon receiving the complaint, proceed in accordance with law as per procedure prescribed in BNSS, 2023.”
The order arose from a Public Interest Litigation (PIL) initiated by Gupta through advocate Ali. The PIL sought directives to address alleged irregularities in the appointment process of the Manager of Tamkuhiraj Education Society and Fateh Memorial Inter College, located in Tamkuhi, district Kushinagar. While the plea was under consideration, a respondent to the PIL submitted an application under Section 379 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which governs the prosecution of individuals accused of perjury or evidence fabrication in court proceedings.
The respondent accused the petitioner of forging their counsel’s signature to falsely indicate receipt of the withdrawal application copy. Additionally, allegations surfaced suggesting that Gupta, alongside Ali and another advocate, AP Singh, frequently filed frivolous petitions.
The Court expressed preliminary satisfaction that Ali and Gupta had perpetrated an offense under Section 215(1)(b) of BNSS, consequently directing that the issue be adjudicated 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,” the Court asserted.
This decision underscores the judiciary’s commitment to maintaining the integrity of legal proceedings and ensuring that any acts of forgery or perjury are promptly addressed and penalized.
