The Allahabad High Court has ordered a preliminary judicial inquiry under Section 340 of the Criminal Procedure Code (CrPC) against a man accused by his wife of forging and fabricating judicial records to secure favourable orders in an anticipatory bail case.
The order was passed by Justice Shekhar Kumar Yadav while hearing an application filed by Ankita Priyadarshini, who alleged that her husband, Arpan Saxena, manipulated court records, suppressed material facts, and engaged in impersonation during proceedings.
The wife claimed that her husband:
- Manipulated the judicial record by removing a counter affidavit.
- Inserted unauthorised pages into her recall application.
- Allowed another person to sign multiple applications and affidavits.
- Filed an unsworn counter affidavit not verified before the Oath Commissioner.
- Misled the court about his passport status, claiming he surrendered it when he had not.
- Submitted an illegally obtained final report from a district court in Udaipur without serving it on her.
- Filed a misleading counter affidavit titled as ‘Short Counter’ to avoid scrutiny.
She also produced photocopies showing differences in her husband’s signatures across bail applications, rejoinder affidavits, and the Vakalatnama.
Read also:- Madhya Pradesh High Court Warns Lawyer Over Indecent Language, Seeks Report on Injured Victim
Case Background
- The couple is involved in a matrimonial dispute with multiple criminal cases pending.
- On February 17, 2021, the husband was granted anticipatory bail with the condition to surrender his passport.
- Later, on March 7, 2025, this condition was deleted after his plea that the passport had expired and needed renewal.
- His wife challenged this order, alleging that it was passed without hearing her and that he had failed to surrender his passport.
- Her recall application was dismissed on March 26, 2025, based on the disputed counter affidavit.
On hearing the matter on April 28, 2025, the High Court found that the counter affidavit used to modify the bail condition was not sworn before the Oath Commissioner.
Read also:- Madhya Pradesh High Court Warns Lawyer Over Indecent Language, Seeks Report on Injured Victim
The Court termed this a:
“Serious procedural irregularity.”
Accordingly, the orders dated March 7 and March 26 were recalled, and the husband was directed to deposit his passport with the trial court.
The Court further noted:
“The allegations, if proven, constitute a deliberate attempt to mislead the Court, obstruct the course of justice, and impair the integrity of judicial proceedings.”
Invoking powers under Section 340 CrPC, the Court directed the Registrar General of the Allahabad High Court to conduct a preliminary inquiry within one month.
The bench clarified:
“These actions squarely fall under the jurisdiction of Section 340 Cr.P.C., which empowers the Court to direct an inquiry and, if expedient, to lodge a formal complaint before the competent Court.”
The case will be taken up again on September 23, 2025, after reviewing the findings of the inquiry.
Case: Ankita Priyadarshini vs. Arpan Saxena
Case Type: Application under Section 340 CrPC read with Section 195 CrPC
Applicant (Wife): Ankita Priyadarshini
Respondent (Husband): Arpan Saxena
