J U D G M E N T

BELA M. TRIVEDI, J.

1.

Delay condoned.

2.

Leave granted.

PREFACE

3.

While the finest of the legal minds and legal eagles on the Bench and in the Bar of the Supreme Court are busy developing the best of the jurisprudence and laying down the best of the laws for the country, there are certain sinister cabal of unscrupulous litigants and a coterie of their Signature Not Verified Digitally signed by N Di as th ea : 2K 0h 2u 4lb .0e 9y .20 counsellors, who are always busy in taking undue advantage of the

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systemic lacunae and in misusing the process of law, in turn damaging the image of the Courts as also of the entire legal fraternity/legal profession. The huge quantum of work load in the Courts, limitations of the human agencies in manning the Justice Delivery System and the fertile minds of the unscrupulous litigants and their legal counsellors are some of the factors responsible for not allowing the Justice Delivery System to work as effectively and efficiently as it is expected to work.

4.

The wrongdoers must fear the law that they will be punished, the innocents must rest assured that they will not be, and the victims must be confident that they will get the justice. This is what a citizen of the democratic country like India, governed by Rule of Law would legitimately expect from the Courts. The Courts are called the ‘Temple of Justice’. However, often brazen attempts are being made to abuse and misuse the process of law by committing frauds on Courts. This is one of such cases where such an attempt has been made to pollute the stream of justice. With this little Preface let us deal with the facts of the case.

PROCEEDINGS BEFORE THIS COURT

5.

The instant two appeals were sought to be filed in the name of the appellant- Bhagwan Singh. One Appeal is filed challenging the Judgment and Order dated 16.12.2019 passed by the High Court of Judicature at Allahabad in an Application under Section 482 No. 41533 of 2019, filed by the respondent no. 2 – Ajay Katara, whereby the High Court had allowed the said Application and quashed the entire proceedings in respect of the Supplementary Chargesheet No. 163A dated 05.12.2018 in Case No. 410 of 2014, arising out of the Case Crime No. 443 of 2013, under Sections 363, 366, 376 IPC at Police Station Sehaswan, District Budaun, pending in the Court of the Additional Chief Judicial Magistrate-II, Budaun. The other Appeal is filed challenging the order dated 02.04.2024 passed in Criminal Miscellaneous Recall Application No.3/2020, whereby the High Court had rejected the said application.

6.

Vide the order dated 17.05.2024, this Court had issued Notice to the Respondent nos. 1 & 2 on the application seeking condonation of delay as well as on the SLPs, making it returnable after eight weeks. The Registry vide the office report dated 29.07.2024 submitted that a letter dated 09.07.2024 was received from Bhagwan Singh (in vernacular language) wherein it was stated that he had not filed any SLP before this Court and the same was falsely filed in his name. It was also stated in the said office report that an email dated 29.07.2024 was received from Mr. Rishi Kumar Singh Gautam, Advocate that he was appearing on behalf of the appellant- Bhagwan Singh.

7.

When the matter was listed on 30.07.2024, Mr. Nikhil Majithia, learned advocate appearing along with the AOR Mr. Rishi Kumar Singh Gautam, drew the attention of the Court to the office report dated 29.07.2024 and the letter dated 09.07.2024 received by the office from the appellant- Bhagwan Singh and submitted that the appellant was personally present in the Court and was confirming the contents of his letter dated 09.07.2024. We, therefore called for the original papers from the Registry to verify the signature of Shri Bhagwan Singh on the ‘Vakalatnama’ filed in the SLP. One Mr. R.P.S. Yadav, an Advocate who was present in the Court on the said date stated that he had an instruction to appear on behalf of Mr. Anubhav, Advocate on Rec