Fraud Must Be Dealt With To Punish Wrongdoer & Deter Others: Allahabad High Court Imposes Costs On Petitioner For Filing Forged Documents

The Allahabad High Court has observed that anyone who takes recourse to fraud deflects the course of judicial proceedings, and that if anything is done with an oblique motive, the same interferes with the administration of justice.

The Court held that such persons are required to be properly dealt with, not only to punish them for the wrong done, but also to deter others from indulging in similar acts which shake the faith of people in the system of administration of justice.

The Bench dismissed the writ petition with costs of ₹25,000/- after the State placed on record instructions that the petition had been filed along with forged documents, including an Aadhaar Card, and the petitioner did not controvert the allegation.

The Division Bench of Justice Shekhar B Saraf and Justice Amitabh Kumar Rai held, "Anyone who takes recourse to fraud, deflects the course of judicial proceedings. If anything is done with oblique motive, the same interferes with the administration of justice. Such persons are required to be property dealt with, not only to punish them for the wrong done, but also to deter others from indulging in similar acts which shake the faith of people in the system of administration of justice."

Advocate Shashank Tripathi appeared for the Petitioner, while CSC Pankaj Khare appeared for the Respondent

The petitioner filed a writ petition against the State of U.P. through the Additional Chief Secretary, Department of Revenue. When the matter was taken up, the counsel for the petitioner stated that the petitioner wished to withdraw the writ petition. The State, however, placed on record instructions indicating that the petition had been filed along with forged documents, including an Aadhaar Card.

The State filed instructions which categorically indicated that the writ petition had been filed along with forged documents. The petitioner, through counsel, did not controvert the allegation of forgery and sought permission to withdraw the writ petition. The petitioner was not able to counter the submissions advanced by the State with regard to the Aadhaar Card.

The Court observed that the petitioner, seeking to escape the consequences of the proceedings, had sought withdrawal of the writ petition.

The Court deprecated the entire process of “taking a chance” and, upon being unable to succeed, seeking to withdraw the petition, and held that such a prayer for withdrawal could not be countenanced at that stage. It held that the filing of the petition amounted to an abuse of the process of the Court.

The Court observed, "The stream of administration of justice has to remain unpolluted so that purity of court's atmosphere may be given vitality to all the organs of the State. The legal position is that the fraud committed to deceive the court could be contempt as it amounts to interfering with the administration of justice."

Taking into consideration that the petitioner was an old person aged more than 70 years, the Court refrained from initiating contempt proceedings.

However, as forged and fabricated documents had been filed, the writ petition was dismissed with costs of ₹25,000/- upon the petitioner, to be deposited within fifteen days with the Mediation & Conciliation Centre, Lucknow Bench, Lucknow, with proof of payment and an affidavit of compliance to be furnished to the Senior Registrar.

In case of failure to make the payment, the Senior Registrar was directed to recover the costs as arrears of land revenue.

Cause Title: Gareeba v. State of U.P. & Ors. [Neutral Citation: 2026:AHC-LKO:71652-DB]

Appearances:

Petitioner: Advocates Shashank Tripathi, Prakhar Upadhyay, Rishabh Yadav, Shikhar Upadhyay

Respondents: CSC Pankaj Khare

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