The Allahabad High Court has ordered a police investigation into an alleged attempt to file a fraudulent petition in the name of a woman, without her knowledge or consent, seeking protection for her and another man by falsely claiming they were a married couple facing threats from her family.
Justice Vinod Diwaker, who passed the order on Monday, observed that “a fraud appears to have been perpetrated upon the Court to achieve an ulterior motive” and emphasized that such an act could not have occurred without the involvement of someone familiar with legal procedures.
Background
The petition in question was filed last year before the Court, seeking protection for a woman and a man, who were described as a married couple. However, in April 2024, the woman appeared in court with her brother and stated that she had neither signed the petition nor the accompanying affidavit. She further said her Aadhaar card had been misused, and she denied any marriage with the second petitioner.
She clarified that she was, in fact, married to another man and had two children, and was currently residing with her father due to marital discord. Importantly, she alleged that the petition might have been filed by her husband in collusion with an advocate to fabricate grounds for seeking divorce.
The second petitioner also disclaimed any knowledge about the protection plea.
Judicial Observations
Justice Diwaker, taking note of the submissions, remarked:
“This case warrants a fair and thorough investigation, as the perpetrators appear to have attempted to perpetrate a fraud upon the Court. If the conspirators were to succeed in their design, it would not only constitute a travesty of justice and a stain on the criminal justice system, but would also gravely undermine public confidence in the rule of law and erode the very integrity of judicial institutions.”
The Court added that such an outcome must be prevented “with the utmost vigilance and resolve.”
Role of Advocate and Others
The Court had earlier issued a show-cause notice to Advocate Shri Lallan Chaubey, in whose name the petition had been filed. Chaubey, however, denied filing the plea and claimed his name and signature were misused. The Oath Commissioner, in whose presence the alleged affidavit was sworn, was also found negligent.
Meanwhile, the woman’s husband filed a counter-affidavit, alleging that his wife was in an adulterous relationship with the second petitioner and had refused to return to her matrimonial home.
Court’s Directions
In light of these conflicting and serious claims, the Court ordered the Commissioner of Police, Prayagraj, to initiate a preliminary inquiry. If a cognizable offence is found, an FIR is to be registered immediately. The Court emphasized the need for a “free, fair and uninfluenced investigation” and stated that forensic and scientific methods must be used to uncover the truth.
Justice Diwaker further directed that the Commissioner personally monitor the probe and that quarterly progress reports be submitted to the Chief Judicial Magistrate, Prayagraj.
The Court also dismissed the protection plea, bringing the matter to a close while ensuring that the alleged misuse of the judicial process is thoroughly investigated.
