The Calcutta High Court has 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 Bench of Justice Md. Nizamuddin observed that “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 the petitioner No.1 to file this writ petition on their behalf.”

The Bench further added that “Taking note of such serious criminal act committed in court, by the petitioner No.1 and may be 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 such criminal offence committed in court.”

Advocate Pabitra Charan Bhattacharjee appeared for the petitioners and Advocate Pradip Kumar Roy appeared for the State.

The Writ petition was filed by 19 petitioners, who claimed to be the members of the Co-operative Society in question by executing proper Vakalatnama in favor of Advocate Mr. Pabitra Charan Bhattacharjee to file this writ petition.

The petition was confirmed by one Harish Chandra Gain, the writ petitioner no. 1, who had affirmed the affidavit to the writ petition by stating that he was authorized by the other 18 petitioners.

The Counsel for the Cooperative society submitted that out of 18 petitioners, eight petitioners had not authorized Gain to file this writ petition. The Court was also apprised of the fact that the petitioner no. 17 had expired in 2021 and that the petition was affirmed and filed by forging his signature in the Vakalatnama.

The Court noted that “Advocate representing the respondent Nos. 3 and 4 on the basis of materials before him submits 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.”

Consequently, the Court directed the Additional Director General of Police, CID, West Bengal to initiate appropriate criminal proceedings and to take suitable action and further directed to file such investigation report in court on April 12, 2023, and as to the action taken.

Accordingly, the matter was listed for further hearing on April 12, 2023.

Cause Title- Harish Chandra Gain & Ors. v. The State of West Bengal & Ors.

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