A Judicial Magistrate First Class at Shahdara, Karkardooma Courts, has directed the registration of a First Information Report (FIR) against an advocate, Peeush Kulshreshtha, following allegations of forging court documents and fabricating decrees to defraud his clients.
The order was passed by Sh. Akhil Malik, JMFC-02/SHD/KKD Courts, while disposing of an application filed under Section 156(3) of the Code of Criminal Procedure (Cr.P.C.) by the complainant, Kamlesh Gupta.
Background of the Case
The complainant, Kamlesh Gupta, and her husband, Dinesh Chander Gupta, were proprietors of M/s Chander Cloth House in Laxmi Nagar, Delhi, a property they had possessed since 1972. According to the complainant, the accused, Peeush Kulshreshtha (an advocate), filed a civil suit in 2008. In 2009, the accused allegedly informed them that two suits had been decreed in their favor and provided photocopies of purported judgments dated August 4, 2009, and October 5, 2009, claiming ex-parte decrees for adverse possession.
The complainant continued her business until June 2019, when they were evicted by the police based on an eviction notice dated May 30, 2019, issued by the court of Ms. Harleen Singh (SCJ/RC-East). Despite the eviction, the accused allegedly assured them the decrees were valid and even demanded ₹10,000 on July 9, 2019, for “mutation” purposes, continuing to give false assurances via WhatsApp into 2021.
Discovery of Alleged Fraud
In August 2022, upon inspecting court records in a related case (RC/ARC No. 869/16), the complainant discovered that the accused had:
- Appeared in the case without authority.
- Forged her husband’s signatures.
- Fabricated court decrees and orders.
- Failed to contest proceedings, which directly led to their eviction.
The complainant further submitted that the accused forged documents marked as ‘Annexure A-2’ and ‘Annexure A-3’. A police complaint was initially filed on March 24, 2023, at PS Farsh Bazar, but no action was taken, leading to the current application.
Submissions and Evidence
During the proceedings, the Investigating Officer (IO), SI Harshvardhan, filed an Action Taken Report (ATR) stating that the documents in Annexure A-2 appeared “doubtful.”
Furthermore, the counsel for the complainant presented a final order dated November 6, 2023, passed by the Disciplinary Committee of the Bar Council of Delhi. The committee found Peeush Kulshreshtha guilty of “gross misconduct” and suspended his license to practice for a period of seven years.
Court’s Analysis and Decision
After considering the submissions and the status report, Sh. Akhil Malik observed:
“Prima-facie cognizable offence appears to be made out in this case. Present matter pertains to serious allegations of creating false and duplicate court orders for purpose of defrauding client. Police investigation is required to ascertain the modus operandi for the alleged offence and how the forged documents were prepared.”
The Court emphasized the necessity of a police probe to uncover how the alleged forgeries were executed.
Final Directions: The Court directed the SHO concerned to register an FIR under the relevant sections of the law and conduct a fair and expeditious investigation. While the IO is not bound to arrest the accused until “credible evidence” is found, the Court ordered that the final report be submitted within the shortest possible period.
The matter is listed for a compliance report on March 20, 2026.
- Case Title: Kamlesh Gupta vs. Peeush Kulshreshtha (PS Farsh Bazar)
- Case Number: CT CASES 1664/2023
- Counsels for Complainant: Ms. Isha Kapoor and Sh. Jai Saini
