In a 'disturbing' scenario, wife of a Judicial Officer has lodged an FIR against an Advocate for perceived threat after he accused her husband of bribing.
In the writ so filed, the Division Bench of Justice Ashwani Kumar Mishra and Justice Rajnish Kumar directed the Senior Superintendent of Police to personally monitor the investigation.
The case pertains to Uttar Pradesh and informant happens to be the wife of a Judicial Officer who claims to be receiving threats from the named accused whose matter is pending in the court of her husband. She mentioned various such incidents and pleaded for protection of her family.
The FIR is challenged on the ground that there exists complicity of the Judicial Officer and his wife in the matter and various call recordings of telephonic conversations between them have been brought on record. It was agrued that Presiding Officer is himself guilty in the matter and that the information given by his wife to the police is not reliable and the FIR is liable to be quashed.
The Court took dim view of the alleged conduct of the Judicial Officer and noted that Judicial system of the country is governed by the rule of law and its credibility rests upon trust of the people in the system itself.
"Instances of this kind, if the allegations are correct, have the ability to question the confidence of a common man in the system itself. It is, therefore, imminently necessary that the allegations and counter allegations are thoroughly investigated in an independent and fair manner. The issue cannot be taken lightly."
For the FIR, the Court noted that the allegations are specific which clearly make out a prima facie case of cognizable offence in the matter.
The Court commented that the petitioner-advocate is an Officer of the Court as well and he intentionally offered the bribe for favourable result which clearly disentitles him to grant of any relief by this Court under Article 226 of the Constitution of India.
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