J Pradeep Kumar (na) 20 July 2022

Question on advocate ethics

Respected Learned Advocates,

My friend went to a reputed lawyer in a criminal case through a friend.

He did not follow up well with the lawyer thinking reputed lawyer will take care of all things. Later, it wa found that lawyer has not quashed the FIR in High Court. After 6 months when my friend came to know about FIR quashing limitation he approached lawyer who simply said the time has expired and told my friend that the case can be quashed in high court via CRL-P. It has been 2 years lawyer filed CRL-P but still it has not been quashed. It is found that memos are not moved in court for faster closure. Is this ethical ? My friend is taking treatment at NIMHANs due to contant fear, he has also lost job as well.

All of a sudden the lawyer is behaving in a manner that my friend go to another lawyer. But not telling directly, he was bit abusive and arrogant in his last meeting.

Any solutions

Thanks in Advance

Pranams

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4 Replies

Dr J C Vashista (Advocate) 20 July 2022

@ Pradeep,

Whether you and your friend are sure about limitation for filing "quashing" petition as stated by you, inter alia,

"....After 6 months when my friend came to know about FIR quashing limitation he approached lawyer who simply said the time has expired...." ?

If so, please enlighten me on the subject of limitation.

Thanking you in anticipation.

J Pradeep Kumar (na) 20 July 2022

Dear Dr J C Vashista ,

After getting bail, counsel has to file for quashing of FIR in HC within 90 days or before Police file charge sheet in the case. However, my friend's lawyer kept quite for 5 long months, some other friend asked him why FIR has not been quashed, he went to lawyer and lawyer said that "now the time is expired we will apply CRL-P in high court".and quash the case, the quashing application was filed 22 months back, daily orders on website suggest that the lawyer has not moved memos in HC to further the case and quash it.. The case has been presided over by 4 judges so far and no relief yet. Lawyer is behaving arrogantly and indirectly suggesting to the file & avail service of some one else (through his junior lawyer) . Thanks, Pradeep.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 20 July 2022

Both the parties can file a joint petition under Section 482 CrPC for FIR quashing. Thereafter, the Court will scrutinize the facts, circumstances and aspects of the matter before passing an order for quashing of FIR.

P. Venu (Advocate) 20 July 2022

he facts posted too disjointed to suggest any definite opininion. Has the lawyer conveyed any false information about the filing of the case or of the subsequent steps hae had taken/initiiated? Be specific as to the facts as well the failure on his part to abide by the professional ethics.

Just because he could not get the FIR quashed within expected/promised timeframe does not costitute a deficit in professional ethics.

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