Advocates filing petitions with incorrect signatures or cause titles without proper verification is a serious breach

Rajasthan High Court Denounces Misuse of Legal Procedures in Filing Petitions Court Orders Investigation into Alleged Misrepresentation by Advocates and Clerks

In a significant ruling, the Rajasthan High Court, Jaipur Bench, has issued directions to address improper practices in the filing of petitions and affidavits by advocates and their clerks. Justice Anoop Kumar Dhand presided over the case involving the petitioner, Rakesh Jain, who sought the quashing of an FIR linked to alleged forgery and misrepresentation.

The case arose from a suit for partition filed by the complainant against Jain, where incorrect signatures and cause titles were allegedly used in legal documents, prompting judicial scrutiny. The court emphasized the fiduciary responsibility of advocates towards their clients and condemned any misrepresentation or fraudulent activities that compromise the integrity of the judicial process.

The judgment comes after a detailed judicial inquiry conducted by the Registrar (Judicial), which revealed several discrepancies in the filing procedures. The inquiry identified multiple individuals, including advocates and clerks, responsible for filing petitions with incorrect cause titles and signatures. The court underscored the seriousness of such practices, considering them a breach of duty.

Justice Dhand ordered the investigating officer to proceed with the investigation based on the judicial enquiry, advising adherence to legal protocols. He directed that if a cognizable offense is established, notice under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, should be issued.

The court's ruling aims to uphold the sanctity of legal procedures and caution legal professionals against improper practices. The judgment serves as a reminder of the critical role advocates play as officers of the court, tasked with maintaining trust and integrity within the justice delivery system.

Bottom Line:

Filing petitions with incorrect signatures or cause titles and submission of affidavits by advocates or their clerks without proper verification is a serious breach of duty and impermissible practice.

Statutory provision(s):  

- Criminal Procedure Code, 1973, Section 340  

- Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35  

- Indian Penal Code, Sections 420, 467, 468, 471, 120B  

The Rajasthan High Court's decision seeks to prevent further misuse of legal procedures and urges all legal practitioners to adhere strictly to their ethical obligations, thereby ensuring the proper administration of justice.

Rakesh Jain v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2810254