The Calcutta High Court in the case Harish Chandra Gain & Ors. v. The State of Bengal & Ors observed and has directed the ADGP, CID, West Bengal for initiating criminal proceedings and investigation against persons who were allegedly being involved in filing of a ‘fake’ writ petition before the court by forging signatures of eight persons which also includes the dead person.
The single judge bench headed by Justice Md. Nizamuddin in the case observed that this being a serious criminal offence committed before this High Court by filing of a fake writ petition in the name of those persons wherein forging the signatures of them who have not been authorized by the petitioner No.1 to file this writ petition on behalf of them.
However, on March 23, the writ petition was filed by 19 petitioners, wherein it is claimed to be the members of a Cooperative Society, by executing proper Vakalatnama and the same being in favour of the Advocate Pabitra Charan Bhattacharjee.
It has also been affirmed by petitioner no. 1- Harish Chandra Gain in an affidavit filed to the writ petition by making the statement that the petitioner has been duly authorised by all other 18 petitioners.
The counsel, Subrata Kumar Basu appearing for the Co-operative Society submitted before the court that out of other 18 petitioners, eight petitioners have not been authorized Gain for filing the said writ petition.
Further, it has also been submitted by him that the writ petition was affirmed and filed in the name of a dead person — petitioner no.17, wherein forgiving the signature of him in the Vakalatnama.
It has also been directed by the court that ADGP, CID, West Bengal for initiating appropriate criminal proceedings and to hold a full-fledged investigation which being against all those persons who were involved in such criminal offence which is being committed in court and in order to take a suitable action.
The court stated that a investigation report shall be filed by him in count on 12.04.2023 and also such investigation shall be conducted under the supervision of him.