Allahabad HC Orders CBI Probe Into ‘Fake’ Cases Lodged Against Advocates Under SC/ST Act And 376 IPC

Prayagraj, August 18 (TNA) In a significant development, the Allahabad High Court (HC) on Thursday ordered the Central Bureau of Investigation (CBI) to investigate the ‘Fake' cases lodged against advocates, others under sections 376IPC, SC/ST Act to extract money. The directive to the premiere investigative agency came from the bench of Justice Gautam Chowdhary.

Justice Chowdhary emphasized that in the interest of justice and to protect the interest of advocates, who are victimized of false accusations merely on the ground that they are contesting the case on behalf of accused persons, it was necessary that the cases be thoroughly investigated by the CBI.

The High Court gave these directions while hearing a Section 482 CrPC application filed by the alleged victim seeking expeditious disposal of trial against the accused who is an advocate, one who was booked under Section 376-D, 506 IPC and Section 3(2)(v) of SC/ST Act.

However, when the matter came up for hearing on July 21, 2022, the counsel appearing for the accused advocate submitted that “there is a gang of Advocates operating in the High Court who trap people in these types of fake cases and after the submission of the charge sheet, extort money from them”.

Taking note of this submission, the Court asked the counsel of the accused-opposite party no.2 namely, Bhupendra Pandey, to produce the list of such cases which have been registered against the innocent persons including the Advocates. A list of 51 such cases was produced before the Court on Thursday.

Gyan Prakash, Senior Counsel for the C.B.I. assisted by Sanjay Kumar Yadav, Advocate, was directed to produce the preliminary report in a sealed cover before the Court on the next date fixed - October 20, 2022. The Court also made it clear that till the submission of the preliminary enquiry report by the CBI there shall be no arrest either of the accused persons or any other aggrieved persons.