In a significant ruling, the Allahabad High Court has ordered a Central Bureau of Investigation (CBI) inquiry into allegations of repeated false complaints filed by a woman, Pooja Rawat, and her counsel, Advocate Parmanand Gupta. The division bench comprising Justice Vivek Chaudhary and Justice Brij Raj Singh issued the directive while hearing Criminal Miscellaneous Writ Petition No. 1793 of 2025, filed by petitioners Arvind Yadav and Another against the State of Uttar Pradesh.
Background of the Case
The petitioners sought relief from the court against the First Information Report (FIR) dated January 30, 2025, registered as Case Crime No. 40 of 2025 at Vibhuti Khand Police Station, Lucknow, under various provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, and Section 66D of the IT Act, 2008. The petitioners argued that the complainant, Pooja Rawat, had a history of lodging multiple false cases and was using legal proceedings as a tool for harassment and extortion.
Legal Issues Involved
The court was faced with the following key legal issues:
Whether repeated filing of criminal cases by the complainant indicated a pattern of abuse of process of law?
Whether the involvement of the same advocate in multiple cases suggested a systematic attempt to misuse judicial mechanisms?
Whether it was justified to order a CBI inquiry into such allegations to ascertain the truth and prevent wrongful prosecution of individuals?
Court’s Observations and Decision
After reviewing the record, the court found that Pooja Rawat had filed at least 11 previous criminal complaints, all with similar allegations, against different individuals. Additionally, her lawyer, Advocate Parmanand Gupta, had been involved in filing numerous other criminal cases against various persons. The court remarked:
“The lodging of multiple criminal complaints of a similar nature against a large number of individuals raises serious concerns about the misuse of the judicial system. The pattern appears to be an abuse of the process of law, warranting a thorough investigation by the CBI.”
Based on these findings, the High Court directed the Central Bureau of Investigation (CBI) to conduct an inquiry and submit a report by April 10, 2025. The court further ruled that the petitioners shall not be arrested unless sufficient and credible evidence is found against them in the case.
