"Noble Profession Can't Be Tarnished": Gujarat HC Rejects Bail for Law Student Posed as Top Advocate in ₹80L Scam
In a stern rebuke to alleged misuse of the legal profession, the on , denied to Sadhu Falguni Miteshkumar , a final-semester LLB student accused of impersonating an advocate in a massive cheating and forgery racket. Justice P.M. Raval ruled that is essential to unravel the scam, which reportedly swindled ₹80 lakh from multiple victims.
From Revenue Clerk to Supreme Court "Advocate"?
The case stems from FIR No. 11206020260116 registered at in Mehsana district on —covering incidents from , to the filing date. The complainant accused Falguni and her husband (Accused No. 1), along with others, of posing as lawyers to extract ₹3.27 lakh in "fees" for a fabricated legal case. Charges invoked under the include .
Falguni, who claimed to merely assist her advocate brother-in-law with revenue work and document handling, was raided at her office in Narmada Plaza, Kadi, and her husband's residence. Probe uncovered damning evidence: a fake ID (Enrollment No. G/356-F/2019), a nameplate declaring her a "Supreme Court advocate," police station seals, notary stamps, case registers, calendars, and even a handbag branded with her "High Court advocate" credentials.
"False Implications, No Knowledge": Defense Fights Back
Falguni's counsel, and , argued she was falsely implicated out of malice. Key points: - No prior court appearances or filed by her. - Complaint delayed without explanation; based on "wrong allegations." - She only intended to refer the complainant’s dispute, not demand fees—allegedly extracted by Accused No. 1. - No specific role or knowledge of the ₹3.27 lakh transaction attributed to her in the FIR. - Notice under issued; she abides by Bar Council rules as a junior intern.
They urged quashing arrest fears under , claiming the complaint abused process for leverage.
Prosecution's Evidence Arsenal: Fake IDs, Seals, and ₹80L Victim Trail
countered fiercely, highlighting investigation finds: - Visiting cards, ID, and paraphernalia falsely portraying Falguni as enrolled advocate despite incomplete LLB. - Seals from , notary registers, and case logs suggesting widespread impersonation. - Statements from additional victims surfacing post-FIR, pegging total siphoned funds at ₹80 lakh by Falguni and co-accused.
Dave stressed complicity demanding custody to trace accomplices and more victims.
Judicial Scalpel: Prioritizing Probe Over Pre-Arrest Relief
Justice Raval meticulously reviewed the FIR, application, and probe papers, applying the landmark —the Constitution Bench test for . He found no exceptional grounds, emphasizing:
" , it appears that while conducting ... the visiting card reflecting name of the present applicant as an advocate is recovered; though the applicant is yet to complete her third year of LL.B., the card alleged to have been issued by the ... the board reflecting the name of the present applicant as an advocate of is also recovered..."
The court decried the "noble profession of advocacy" being tarnished, mandating custody to
"reach to the roots of the alleged offence and involvement of the other persons, if any, and to trace out other victims."
Key Observations from the Bench
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On Evidence
:
" seals as well as the seals to utilize for notary and notarial register are also recovered. The various statement of other victims are also surfaces during the investigation."
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Protecting Advocacy
:
"It transpires that a noble profession of advocacy cannot be allowed to be tarnished in such a like manner."
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Sibbia Test
:
"Tested on the anvil of the principles laid down by the Constitution Bench... no case is made out for grant of ."
No Stay, Straight to Supreme Court?
The application was rejected, . Counsel's plea for stay pending Supreme Court challenge was denied. This ruling signals zero tolerance for professional impersonation, potentially aiding probes into similar rackets while underscoring safeguards for genuine legal practitioners. Victims may see faster justice, but Falguni faces imminent arrest risks.