WPCRL/1253/2013
2022 Latest Caselaw 1246 UK

                   Office Notes,
                reports, orders or
                 proceedings or
Sl. No   Date                                   COURT'S OR JUDGES'S ORDERS
                  directions and
                Registrar's order
                 with Signatures
                                     WPCRL No.1253 of 2013
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Prashant Khanna, Advocate, for the petitioner.

Mr. Sachin Panwar, Brief Holder, for the State of Uttarakhand.

Mr. Aakib Ahmed, Advocate, for the respondent.

The petitioner before this Court had filed an application before the Hon'ble The Chief Justice of this Court, bringing the fact on record that in the proceedings of the Company Petition No.70 of 2003, which was pursued before the Company Law Board, Principal Bench, Delhi High Court, in those proceedings one Mr. Dharmpal Yadav, who was respondent No.4, herein, had filed three judgments/orders on record being that of 14.10.2004, 27.08.2004 and 26.07.2005, which are said to have been passed by the writ courts in Writ Petition (M/S) No.507 of 2003, WPMB No.1224 of 2003 and WPMS No. 847 of 2004.

It was contended by the complainant before the Hon'ble The Chief Justice in his complaint on which the cognizance was taken, that these orders relied before the Company Law Board, were forged, fabricated and manufactured, and in fact these orders of the High Court are not in existence even in the original records of the above writ petitions.

This Court vide its order dated 12.08.2020, had directed the Registrar General of this Court, to conduct an in-house inquiry into the matter and submit his report back, as to how these orders have been manufactured and placed before the Company Law Board, when they were not existing in the original records of the writ petitions.

In compliance of the directions given by this Court to conduct an in house inquiry, the report has been submitted by the Registrar General on 24.08.2020 in compliance of the order dated 12.08.2020, and it has been informed that in the report thus submitted by the Registrar General on 24.08.2020, it was found that some of the orders, which had been relied before the Company Law Board, were in fact never ever rendered by this Court, but the matter could not be proceeded with further for the reason being that in a corresponding criminal proceedings taken before the Chief Metropolitan Magistrate, Lodhi Road, Police Station New Delhi. The final report has already been submitted, and hence no further action on criminal side could be proceeded with, at the hands of the Chief Metropolitan Magistrate, before whom the proceedings were directed to be investigated.

On scrutinization of the report dated 24.08.2020 submitted by the Registrar General, the Court had found that the orders, which were relied, were non existing orders.

Hence, this Court is of the view that this is a fit case in which an independent investigation is required to be conducted by the Central Bureau of Investigation, over the set of allegations, which was complaint of by the complainant before the Hon'ble Chief Justice on which the cognizance was taken.

Put up this writ petition on 21.04.2022 along with Writ Petition (M/S) No.507 of 2003, WPMB No.1224 of 2003 and WPMS No.847 of 2004, which has been directed to be sealed by the orders of this Court.

(Sharad Kumar Sharma, J.) 20.04.2022 NR/