Identification by an advocate in an affidavit
B K Raghavendra Rao
(Querist) 30 September 2010
This query is : Resolved
An advocate has identified a deponent to the affidavit who later turned out to be an impersonator. Is the identifying advocate liable for criminal action ? There is a case law to this effect in:
1) New Delhi Bar Association Vs. National Capital Territory of Delhi, Govt. of Delhi
2) Balbir singh Vs. State of Punjab
3)State of Maharashtra Vs. Poona Bar Association.
Can anyone please furnish the copy of judgement with citation in these cases ?
Arvind Singh Chauhan
(Expert) 30 September 2010
try this ruling though it is not related to affidavit but is related with identification by advocate-
No offence-
Sec 467,468,109,120-B, IPC- Forged registered power of attorney by ”A”- Advocate identifying “A” before Registrar and being witness to deed charged under Sec 467,468,109,120-B, IPC- No evidence showing connection between “A” and Advocate- Act of Advocate can’t be termed either as instigation or as intentional or as conspiracy- Charge against Advocate Quashed- Cr.L.J.-1986- P&H HC -1034, SC’s Rulings referred.
s.subramanian
(Expert) 30 September 2010
I agree with Mr.Arvind. It does not amount to an offence.
Devajyoti Barman
(Expert) 30 September 2010
Unless complicity is proved, nothing could be done against the advocate.
