Criminal case for professional misconduct by a lawyer
CHARAN SINGH
(Querist) 22 December 2013
This query is : Resolved
A criminal case u/s 34, 379, 411, 417, 418, 420, 467, 468, 471, 477 I. P. C. was submitted in Ghaziabad as complaint case. Without any proof/evidences, judge summons the accused in all the sections. We engaged an advocate in Allahabad High Court for quashing and stay u/s 482. He submitted petition and stay was granted by Allahabad High Court. Later on, complainant submitted counter affidavit which was duly received by our advocate but he did not inform us and did not try to submit rejoinder of counter affidavit. Then the case was listed for hearing and our advocate did not appear in the court, even didn’t send any application for adjournment. Case was dismissed in default. Later on, our advocate submitted application for restoration of stay stating that my munshi did not inform me about the fixation of the date and that’s why I could not appear in the court. What action can be taken by us against the advocate?
Raj Kumar Makkad
(Expert) 22 December 2013
Instead of opening a new front, you need to morally pressurize your lawyer and thus ensure the restoration of the petition otherwise you can definitely invoke complaint against that lawyer to be moved before Bar council of your State.
CHARAN SINGH
(Querist) 22 December 2013
Now, we got stay granted by Hon'ble Supreme court of india and we are willing only to take action against our advocate, preferable any criminal case against him to deliberately non-appearing in the court. Can we file any criminal complaint/F.I.R. against him in Ghaziabad?
Dr J C Vashista
(Expert) 23 December 2013
No criminal complaint/F.I.R. against the Lawyer can be filed for his/her non-appearance in the court except cheating and defrauding.
Rajendra K Goyal
(Expert) 23 December 2013
Lodge complaint with the Bar Council for professional misconduct of the lawyer.
T. Kalaiselvan, Advocate
(Expert) 24 December 2013
Yes the solution is preferring a compliant before the Bar council of that state against the erring advocate.
V R SHROFF
(Expert) 24 December 2013
try restoration first
