Quashing petition of complaint without summoning order in criminal complaint case: arguments by adv
Anurag Mittal
(Querist) 02 April 2014
This query is : Resolved
Advocate X files a Quashing Petition at High Court and files his Vakalatnama.
Can Advocate Y colleague of Advocate X argue during the hearing of the said Quashing Petition When neither his Valatnama is filed Nor his name is there in the Vakaltnama Filed by Advocate X?
Does the Answer to the Above Query Changes if Advocate Y is a Designated Senior Advocate?
ajay sethi
(Expert) 02 April 2014
yes he can appear as counsel and argue the case
Anurag Mittal
(Querist) 02 April 2014
Thanks Mr. Sethi. Then what is the purpose of Filing Vakalatnama?
ajay sethi
(Expert) 02 April 2014
mr mittal there is difference between advocate on record and counsel . AR files vakalatnama
Anurag Mittal
(Querist) 02 April 2014
Thanks Mr. Sethi. Based on experience in court proceedings I have seen Presiding Officer Not Allowing Submissions by a Counsel without Vakalatnama at all. In this Query the Counsel is not even named in the Vakalatnama filed by the AR. Legally there is no written delegation - authorisation to the Counsel by the client except for advocate X ; still it seems out of procedure to see Advocate Y making submission before High Court. Thanks for your reply.
Dr J C Vashista
(Expert) 03 April 2014
Submission of arguments before the court by the authorised advocate and/or a colleague advocate (with the consent of client or advocate engaged for the purpose)is to assist the Court in arriving at a judicious decision, is valid and there is no bar.
Rajendra K Goyal
(Expert) 03 April 2014
Well advised by the experts, agree to it.
Though it is an academic query.
T. Kalaiselvan, Advocate 
(Expert) 03 April 2014
I think Dr Vashista has opine much more properly and convincingly on the subject, nothing more to add.
