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CBI Inquiry Initiated by Allahabad High Court Over Claims of Fake Photo Verification in Criminal Case

02 October 2024 11:51 AM

By: sayum


Allahabad High Court, presided by Justice Sanjay Kumar Singh, delivered a crucial order , allegations of falsified photo verification submitted as evidence by the accused, Gurendra alias Golu, to support his plea of alibi. The Court, recognizing the serious nature of the allegations, directed the Central Bureau of Investigation (CBI) to conduct an independent inquiry into the matter. This case highlights the potential misuse of court systems and emphasizes the need for rigorous examination of evidence.

The case stems from an incident on May 12, 2022, when the complainant alleged that the revisionist and three others fired a gunshot at the complainant’s sister, Pushpa, causing grievous injuries. A charge sheet was filed against Gurendra and another accused, Kallu, following the investigation.

The revisionist claimed an alibi, asserting that at the time of the incident, he was 700 kilometers away at the Allahabad High Court's Photo Identification Centre, getting his photograph clicked for a case filed by his wife under Section 125 of the CrPC. He submitted a photo verification document dated May 12, 2022, as proof. The revisionist was granted bail based on this alibi by a coordinate bench of the Court.

The critical issue in this case is whether the photo verification provided by the revisionist is genuine or a falsified document created to fabricate an alibi. Pushpa, the victim, claimed that she managed to obtain a backdated photo verification at the same center after bribing personnel. The Court must determine whether the photo verification process at the Allahabad High Court’s Photo Identification Centre has been misused and whether the submitted evidence is fraudulent.

Justice Sanjay Kumar Singh expressed grave concern over the allegations of manipulation of the Photo Identification Centre at the Allahabad High Court. The Court noted the possibility of a systemic flaw, as argued by the complainant’s counsel, where people can backdate photo verifications by paying bribes. The complainant’s counter-affidavit detailed how Pushpa herself managed to acquire a backdated verification after paying Rs. 3,000 at the center.

Given the gravity of the allegations and the potential for similar misuse in other cases, the Court felt it necessary to have the matter thoroughly investigated by an independent body.

"If such practices are permitted, they would undermine the justice system, allowing criminals to evade justice through fraudulent evidence."

The Court reviewed multiple affidavits and verification photos submitted by both parties. Notably, the revisionist did not present the photo verification during the police investigation, raising further doubts about its authenticity.

Recognizing the seriousness of the allegations, the Court ordered a CBI inquiry into the matter. The Court directed the Joint Director of the CBI in Lucknow to assign an officer to conduct an investigation into the alleged forgery and submit a report in a sealed cover by November 4, 2024. All individuals involved, including personnel from the Photo Identification Centre, were ordered to fully cooperate with the inquiry.

The Court also noted that since charges against the revisionist were already framed on January 8, 2024, the interim order staying the trial, issued on April 15, 2024, would not be extended.

The Allahabad High Court’s decision to involve the CBI underscores the critical need to address potential systemic weaknesses that could allow for the fabrication of evidence. This case raises important questions about the integrity of court systems and the mechanisms in place to verify documents. The forthcoming CBI investigation will likely provide further clarity on the extent of the issue and ensure that justice is served.

Date of Decision: September 24, 2024

Gurendra @ Golu v. State of U.P. and Another

 

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