The importance of verifying the identity of the litigant and ensuring compliance with procedural rules by the Advocateson Record.

ORDER :

The Special Leave Petition was filed by showing the applicant – Siya Ram as the first petitioner along with four other petitioners, for taking exception to the judgment and order dated 26th October 2018 passed by the High Court of Judicature at Allahabad in Criminal Appeal No.1815 of 1986. The Sessions Court had convicted the petitioners under Section 302 r/w 149 of the Indian Penal Code, 1860. The High Court, by the impugned judgment, scaled down the offence to the one under Section 304PartI of the Indian Penal Code. The petitioners were sentenced to undergo rigorous imprisonment for ten years and pay a fine of Rs.15,000/each.

2. By the order dated 29th April 2019, the learned Chamber Judge rejected the application for grant of exemption from surrendering. The learned Chamber Judge, by the order dated 15th July 2019, granted time of two weeks to the applicant (first petitioner in the Special Leave Petition) to surrender, failing which the Special Leave Petition qua the first petitioner/applicant herein, was to stand dismissed for non-prosecution without further reference to the Court.

3. The applicant did not surrender within the extended time, and therefore, the Special Leave Petition stood dismissed insofar as the applicant is concerned. By the order dated 23th August 2019, the said Special Leave Petition was dismissed qua the other petitioners.

4. After the application for grant of exemption from surrendering was rejected by this Court on 29th April 2019, the applicant/first petitioner did not surrender. Therefore, the Sessions Court, Etawah, Uttar Pradesh passed an order directing the petitioners to be taken into custody. As disclosed in the Affidavit filed by the Jail Superintendent of the District Jail at Ghaziabad, State of Uttar Pradesh, the applicant was taken into custody on 04th October 2019. The applicant, through his present advocate, filed Special Leave Petition bearing Diary No.20835 of 2020 against the same judgment. The Registry of this Court brought to the notice of the advocate that the applicant/first petitioner along with four others had earlier filed the Special Leave Petition (Crl.) No.7628 of 2019 (Diary No.11324 of 2019) for challenging the same judgment. According to the case made out in this application, the present advocate for the applicant enquired with the applicant through his son whether he had filed the Special Leave Petition (Crl.) No.7628 of 2019. The applicant informed his advocate that he had not filed any such petition. Therefore, the advocate for the applicant addressed a letter on 18th January 2021 to the Superintendent of Jail at Etawah, requesting him to enquire. According to the applicant, the Superintendent of Jail at Etawah informed the Advocate by his letter dated 27th January 2021 that after enquiring from the second to fifth petitioners in the Special Leave Petition (Crl.) No.7628 of 2019, it was revealed that the applicant – Siya Ram had not filed the Special Leave Petition (Crl.) No.7628 of 2019 along with other petitioners.

5. On the application made by the advocate for the applicant, the learned Chamber Judge permitted the advocate to inspect the file of the Special Leave Petition (Crl.) No.7628 of 2019. On 30th June 2021, when the advocate inspected the file, he noted that the signature of the applicant appearing on the Vakalatnama filed in the Special Leave Petition (Crl.) No.7628 of 2019, was in Hindi language. The applicant has stated that he being an illiterate person, used to put his thumb impression. Reliance is placed on Vakalatnama in Special Leave Petition (Crl.) Diary No.20835 of 2020 filed by the applicant which bears his thumb impression. Even a reliance is placed on the Custody Certificate dated 20th December 2019, issued by the Jail Superintendent of District Jail at Etawah, which bears the left thumb impression of the applicant. In short, the contention is that the Special Leave Petition (Crl.) No.7628 of 2019 was not filed by the applicant and therefore,