Defense lawyer appeared as prosecution witness

sachin sethi (Querist) 03 December 2014 This query is : Resolved
In an interesting case under section 292/384 IPC a lawyer after 5 days of appearing on behalf of defense was cited as a witness of recovery of some articles by the prosecution and later on examined as a witness in the case on behalf of prosecution.......now though not ordered so far by the court yet the prosecution wants the defense counsel to relinquish his vakalatnama at the stage of final arguments by way of filing an application......

Now my queries are:-

1. Whether the application of prosecution is hit by section 303 cr.p.c. and article 22 (1) of the constitution denying the accused to have a lawyer of his choice when he wants to continue with same lawyer.....

2. Whether in such a situation it will amount to professional miscoduct om the part of defense counsel, when he has deposed truly to continue with the case......

3. I have a citation reported in AIR KERALA 1989 Pg. 244 on this aspect that it is neither the professional misconduct nor does the lawyer need to relinquish his vakalatnama......quote any other rulling spe

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