Legal representatives must ensure accuracy in court filings; misconduct with signatures undermines judicial trust.

ORDER :

1. The Hon’ble Apex Court while deciding the Special Leave to Appeal (Crl.) No. 2943/2025 has passed an order on 03.03.2025 directing this Court to take up the matter and decide the instant criminal misc. petition expeditiously.

2. Pursuant to the aforesaid order passed by the Hon’ble Apex Court, the matter was posted at the top of the list and with the consent of counsel for the parties, arguments have been heard and the instant misc. petition is decided by this Court.

3. By way of filing the instant criminal misc. petition, a prayer has been made for quashing the FIR No. 324/2024 registered with Police Station Ashok Nagar, Jaipur City (South) for the offences under Sections 420 , 467, 468, 471 and 120-B IPC .

4. Counsel for the petitioner submits that a suit for partition was filed by the complainant-respondent-plaintiff against the instant petitioner-defendant before the Court of Additional District Judge No. 6, Kota registered as Case No. 212/2018 and titled as Rajkumar Sethia Vs. Mohan Lal Jain and Ors. Counsel for the petitioner submits that the petitioner was one of the defendants in the aforesaid suit. Since the proceedings of the suit were going on at a snail’s pace, the petitioner submitted S.B. Civil Writ Petition No. 12503/2023 seeking direction for expeditious disposal of the aforesaid suit. However, the office pointed out a defect that the cause title of the petition was not matching with the Civil Suit and the signatures were also not matching with the respective party’s name. Counsel submits that the aforesaid petition was filed by Ms. Sharda Bai Gurjar, Adv. who received the requisite papers from a local counsel of the petitioner i.e. Dharmendra Kumar Shrivastava- Advocate, practicing at Kota. Counsel submits that it appears that the advocate’s clerk has put his own signatures under the name of the petitioner -Rakesh Jain in the petition and thereafter, the file was passed and listed before the Court and the petition was disposed of by the Co-ordinate Bench of this Court on 27.02.2024 and directions were issued to the trial Court for expeditious disposal of the aforesaid pending Civil Suit. Counsel submits that subsequently, the mistake was realized by counsel for the complainant-respondent, hence, a Civil Writ Misc. Application No. 157/2024 was submitted by the petitioner for clarification of the situation and this time the aforesaid application was submitted with the original signatures of the petitioner, however the office again pointed out a defect regarding mismatch of the cause title. Counsel submits that a per-emptory order was passed on 23.07.2025 asking the petitioner to remove the defect(s). Since the aforesaid order was passed in the absence of counsel appearing on behalf of the petitioner, the said per-emptory order was not complied with and the case was dismissed for want of compliance of the per-emptory order by the Registrar (Judicial) vide order dated 29.08.2024. Counsel submits that subsequently, an application under Section 340 Cr.P.C bearing No. 188/2024 was submitted by the complainant-respondent before this Court for initiating the proceedings against the petitioner, however, the same was withdrawn by him on 18.10.2024. Counsel submits that the petitioner has never put his signatures under the name of the other side