CBI Ordered to Probe Into ‘Fake’ Cases Lodged Against Advocates To Extract Money – ALLAHABAD HC
In a significant ruling, the Allahabad High Court ordered the Central Bureau of Investigation (CBI) to look into a number of cases that were reportedly falsely filed against attorneys, as well as those that accused them of rape and violating the SC/ST Act in order to extort money.
Justice Gautam Chowdhary’s bench highlighted that the cases ought to be looked into by the CBI in the interests of justice and to safeguard the rights of attorneys who are falsely accused of wrongdoing just because they are representing the accused in court.
In essence, the accused (an lawyer), who was charged under Sections 376-D, 506 IPC, and Section 3(2)(v) of the SC/ST Act, was the subject of an application made under Section 482 of the Criminal Procedure Code by the claimed victim.
But on July 21, 2022, when the case was scheduled for hearing, the attorney for the accused advocate claimed that there is a group of attorneys working in the High Court who entrap people in these kinds of phoney cases and then demand money from them once the charge sheet has been filed.
Furthermore, it was said that after receiving funds from the government, the members of this gang entrap people in SC/ST Act cases and split the money among themselves.
Taking note of this argument, the court requested that Bhupendra Pandey, the attorney for accused opposite party number 2, furnish a list of the cases that have been filed against innocent people, including attorneys.
A list of 51 such examples was shown to the court today, and it was argued that fake and frivolous F.I.Rs had even been filed against the village Pradhan and other innocent villagers in order to defraud them of money during the inquiry stage and then dismiss the charges against them.
It was further argued that the members of the “gang” operate under the tactic of threatening their attorneys with charges of rape, sexual assault, or SC/ST discrimination if they don’t withdraw their defences when the accused refuse to give them money.
The bench was lastly informed that several District Prayagraj attorneys had been falsely accused in the aforementioned scheme.
Judgment observations
The Court deemed it a serious matter after taking into consideration the submissions, the list of instances, and the charges stated therein; as a result, it thought it appropriate to assign the cases to the CBI so that it may conduct an inquiry into the whole range of allegations.
As a result, the Court mandated that the C.B.I. conduct a preliminary investigation into the crimes stated in the list as well as the current case within two months.
Gyan Prakash, Senior Counsel for the C.B.I., along with Sanjay Kumar Yadav, Advocate, was told to present the preliminary report to the court on the following scheduled date under a sealed cover.
The Court further stipulated that no arrests of the alleged perpetrators or any other wrongdoers are permitted until the C.B.I. submits its preliminary investigation report.
