Ravikant Soni (LAWYER IN JAIPUR) 01 January 2011
'X' a client comes to a lawyer and shows him a pronote that is fabricated and want him to sue on behalf on him. The lawyer despite of due deligence could not find that the pronote was fabricated one and as instructions of his client files a suit for recovery of debt against 'Y'. 'Y' afterwards files a criminal FIR against X and lawyer under sec. 467,468,471 and 120b in local police station.
Can an advocate be prosecuted in these circumstances??
M Ravi Kumar (advocate) 01 January 2011
What about witnesses for pronote??
G. ARAVINTHAN (Legal Consultant / Solicitor) 01 January 2011
Cannot.
Lawyer has not committed any offence
T.KALAIMANI (Lawyer) 01 January 2011
As the lawyer does not discover the fabrication of document even after due deligence, the filing of suit will not bind the lawyer for prosecution.
adv. rajeev ( rajoo ) (practicing advocate) 01 January 2011
Advocate cannot be prosecuted. He has not committed any offence, being an advocate he has done his duty. The complaint itself is not maintainble against the advocate
niranjan (civil practice) 01 January 2011
Face it and then you can file suit of damages for malacious prosecution.
Ravikant Soni (LAWYER IN JAIPUR) 01 January 2011
If Police harass that lawyer...What should he do?
adv. rajeev ( rajoo ) (practicing advocate) 02 January 2011
Inform it to the president of the Bar Association so advocates association can protest against the harrashment of the police. Definately police will bend.
You can also report to the Superintendent of Police.And to the State Bar Council
Ravikant Soni (LAWYER IN JAIPUR) 02 January 2011
Thanks Rajoooo.
A. Patrawala Advocate (Advocate) 02 January 2011
lissing perme (unemployed) 02 January 2011
Sir! Thank's you for valuable information.and sir if possible pliz!! attached the copy Proposed Rule.
Again sir i would like to know did this rule has been notified by Govt. of India in Official Gazette.???
Davinder Khurana Ferozpur(Punj (advocate) 02 January 2011
The lawyer can not be prosecuted in these circumstances. A lawyer has done his duty in official capacity and not for personal gains or in individual capacity.
Davinder Khurana Ferozpur(Punj (advocate) 02 January 2011
He shold have moved to High Court for the quashment of FIR
Ravikant Soni (LAWYER IN JAIPUR) 02 January 2011
Patrawala sir,
I repeat the curiosity of Lissing preme. could you please attach full text of rules. And plz tell tell the community if these rules have published in official gazettee of Govt of india.
v vedanarayanan (advocate) 02 January 2011
can not,but as a lawyer have ready to face any kind of consequences....oook
ADVOCATE V. VEDANARAYANAN
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