MP High Court Finds Prima Facie Fraud In Filing Of Affidavits, Refuses To Return Oath Commissioner's Register

The Madhya Pradesh High Court has refused to return the Oath Commissioner's Register after the Registrar found prima facie evidence of fraud involving allegedly forged vakalatnama and affidavits filed before the Court. 

Noting that the register had become a piece of evidence in the matter, the bench of Justice Deepak Khot directed:

"On perusal of the enquiry report dated 24.9.2026, it is found that the Registrar has Prima Facie found that fraud has been committed with the court by filing various documents including affidavits of the appellant. Finding has also been recorded that the Oath Commissioner herself has admitted that such counsel has never appeared before her for attestation of the affidavit. In such circumstances, in the considered opinion of this Court, the Register cannot be returned back to the applicant because it has become a piece of evidence and the Registrar has already initiated proceeding for registration of FIR for the alleged fraud. Accordingly, the PUD stands closed" 

An appeal was originally filed through several advocates, including Advocates Sarvshri S.P. Mishra, Falguni Yadav, Jitendra Mohan Sharma, Shailendra Kumar Patel, Joydeep Bhattacharya, Satyartha Balaji Sinha, and Surendra Kumar. Subsequently, a vakalatnama was filed on August 5, 2026, purported to be by Ajay Kumar Yadav, with an alleged No Objection Certificate from Mishra.

When the matter was taken up, the appellant appeared personally along with Advocates Bhattacharya and Mishra and produced her passport for identification. She stated that she did not know Ajay Kumar Yadav and had never executed a Vakalatnama in his favour. Mishra, too, denied having issued any NOC.

The court had previously ordered an inquiry into an alleged attempt to withdraw a first appeal through a purported vakalatnama and affidavit, which the appellant and the concerned advocate both disowned.

The court had noted that an application seeking withdrawal was filed on August 11, 2026, bearing the signatures of Ajay Kumar Yadav as Advocate and supported by an affidavit purportedly sworn by the appellant on August 9, 2026.

The appellant categorically denied the affidavit, stating that she did not travel to Jabalpur on August 9 and had no knowledge of any advocate named AK Yadav. She further stated that she had not instructed anyone to withdraw the appeal. The court thereafter directed that the matter be further examined and called the concerned advocate as well as the Oath Commissioner before it.

The case is now listed for November 30, 2026.