The Delhi High Court directed the Judicial Magistrate to enquire and file an FIR against the Petitioner, petitioner’s nephew, police authority, hospital assistant and the counsel.
The petitioner had misrepresented the Delhi High Court for seeking bail extension by producing
false and fabricated Covid-19 certificates, and tried to encash the empathetic and compassionate empathy of the Court to him as a Covid suffering person.
The petitioner was in judicial custody under MACOCA act, 1999 and was granted bail for seeing his wife, who had to undergo gallbladder operation. He was to surrender after the bail period was exhausted but he filed an application for extension of interim bail in Karkardooma trial court.
On rejection of the application, he approached the Delhi Court for seeking an interim order saying after exhaustion of his bail period.
According to him, the Superintendent of prison declined his custody stating that due to Covid all
the bails are extended.
The petitioner later submitted Covid positive certificate, HC then extended the bail on the basis of certificate but it was found that the petitioner absconded from the hospital he said had been admitted at.The HC issued a non-bailable warrant against him and to take him into custody.
It also set an inquiry by the Registrar (Vigilance) of the Delhi HC to look into the matter and submit its report. The Registrar in his enquiry found that a false and fabricated report was produced before the Court.
The HC then directed the Magistrate of the trail Court to inquire the matter and lodge FIR against the persons U/S 340 r.w. 195 CrPC.