Implication of an advocate in false private case
Ziaur Rahman
(Querist) 05 December 2013
This query is : Resolved
A friend of mine who is an advocate and retainer and legal advisor with a company has been implicated as an accused in a false private case u/s 323/506/34 IPC along with his company director by a disgruntled employee who has been expelled for sexual misbehavior with a woman employee. On the advice of the retainer advocate a case was started against him under section 509 IPC. The court has issued summons to the director and the advocate to answer the charge. In the complaint petition filed u/s 190CrPC before the Judicial Magistrate the employee has suppressed the fact that the accused no.2 is the advocate. What legal protection and remedy is available to my advocate's friend under the law or any rule book? Whether any complaint under section 340Cr.PC will lie against the employee who has filed a false case concealing the identity of the advocate that he was a legal advisor and had nothing to do with the issue. In fact the entire case which has been made out in the petition is a concocted one and simply to harass that the employer puts pressure on the victim woman to withdraw the case filed under section 509 IPC. Please opine.
Devajyoti Barman
(Expert) 06 December 2013
Advocate is not immune from any criminal prosecution.
When summon is issued he will have to fight the case on merit.
Quashing is an option if it is fit for such thing.
In other words without seeing complaint it is difficult to say whether it is fit case for Quashing or not.
Raj Kumar Makkad
(Expert) 06 December 2013
No immunity is available to the Advocate and there is no question of suppression of the status of the accused as a retainer or lawyer. No offence is made out by non-disclosure thereto.
So far defence is concerned, lawyer and MD are free to exhaust all opportunities to prove the falsity of the complainant (ex. employee) and can also get the complaint dismissed by filing revision against the summoning order.
Rajendra K Goyal
(Expert) 06 December 2013
Lawyer should defend himself and the other accused, legal path has to be followed. Prove the person in cases against him as guilty.
Biswanath Roy
(Expert) 06 December 2013
FUNNY. Advocacy for an Advocate? An Advocate knows how to defend, you need not to be worried for.
ABDUL RAZIQUE
(Expert) 06 December 2013
Jb.Ziaur Rahman,
It is look like a funny question. May be your friend has no practical knowledge of Cr P C and I P C, Kindly consult local lawyer for real help of friend.
T. Kalaiselvan, Advocate
(Expert) 07 December 2013
Experts advise are correct and proper needing no more clarifications. The advocate friend is able to guide a company, will he not able to defend himself? This is a classic example that advocates cannot claim excuse just because they are one.
Ziaur Rahman
(Querist) 07 December 2013
You all are right . The advocate will fight his own case. He has ample evidences in his favour. My point is of ethics. If a retainer or legal advisor is implicated in a complaint case for advising his client, then why not a case can also be made out against the advocate of the O.P for entering in to criminal conspiracy to file a false case against him and his clients? After all fabricating evidences and implicating the legal advisor is a criminal offence in itself? Should it be allowed that by initiating such cases and counter cases involving the advocates of each party any purpose would be served? Should the majesty of law of the land be allowed to crumble by a handful of advocates of divided loyalty? Justice in our country is delivered after 5-7 years and till then the innocent should be allowed to fight the case to save himself for rendering legal advice? In addition to the quashing at High Court what remedy is available in civil and criminal law in such cases?
Biswanath Roy
(Expert) 07 December 2013
Mr. Rahman,
If you are an Advocate then you know Civil and Criminal Laws and you yourself can find out remedy but if you are an ordinary man then I advice you to consult your engaged lawyer in that case. I advice you to follow a strategic counter legal action against O.P. to frustrate their ill intent which will be much fruitful.
ABDUL RAZIQUE
(Expert) 08 December 2013
Jb.Ziaur Rahman
You belong to a police department and now working as S.I., it is very good. I appreciate your interest. you know (with apology)it better than me that many criminal cases made on fabricate evidence with ill intent and in this matter your department affiliate that type of cases only for some gain. Anywise lets it and try to strategic counter legal action against O.P.
ALLAH HAFIZ, Almighty bless You.
Rajendra K Goyal
(Expert) 08 December 2013
Author is a Police personal, want to defend.
Though the person himself is an advocate, he must get the assistance of some other Advocate in his defense, it would plug any gap in defense.
Ziaur Rahman
(Querist) 08 December 2013
Thanks for the advices of all the members. First for Mr.A Raziq: This is not a police case. This is a case under section 190 Cr.PC and not related to Chapter 12 of Cr.PC hence I wanted to gather some ideas. Secondly to Mr.Goel: I am a very old member of this forum and it is only because I am interested in the subject. It has nothing to do with my profession. I am simply learning. I am sorry to say that cases are not fight between the parties but between the advocates. It is their brain which drafts a complaint and which is defended by a similar brain of same category. Thanks for making it clear that an advocate can too be implicated u/s 120B IPC, at least at initial stage either in a case u/s 190Cr.PC or under Chapter 12 of Cr.PC for advising his client to file a case or for drafting the complaint under his signature (as is done in complaint cases which bears the signature of the filing advocate). Thank you very much....you all have shown me a new avenue to venture in to.
Biswanath Roy
(Expert) 08 December 2013
In continuation to my earlier opinions I need add here as follows:-
1.In the eye of law every body is liable for the legal liabilities.
2.Any body can file any complaint in the Police Station against any body falsely by joining hands with interested police personnel with the intent of harassing any innocent.
3.Sometimes Police personnel due to their lack of knowledge in Police Manual and Code of Criminal Procedure and acts illegally and gets stricture from the court of law which is very common now a days.
4.Many of the present legal practitioners are not keen enough to study Law of Evidence and legal ingredients required to establish offences under different provisions of Indian Penal Code. Police personnels are also following the same character.
5.To come out from the false complaint and unnecessary harassment your Advocate friend
has to find out the letter 'F' out of 26 English alphabet and place it before the word law and make it a flaw to come out from the rigor of law.
ajay sethi
(Expert) 08 December 2013
fight case on merits .
prabhakar singh
(Expert) 08 December 2013
No more to add. well discussed by experts.
