sreedhar (advocate) 02 January 2009

Dual proceddings on advocate - Both DP by Bar council and Criminal case

Dear friends,
Happy New Year to all.
One of my friend who is an advocate charged with an offence for fabrication of documents in the motor accident claims case. Criminal proceeding is pending before criminal court, likely charges are going to be framed. Simultaneously the police has made a complaint to the State Bar council and Disciplinary Proceedings also started. Is it possible to get stay before High Court in DP. As far as my knowledge in service matters most of the courts held that both are different and stay was not granted. But my question is the result of the DP will cause injustice if he acquitted in the criminal case. Please provide your valuable suggestion and relevant Judgments.I need some Citations with respect to this point.

Thanks,
Sreedhar.R

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4 Replies

vikram singh (advocate) 02 January 2009

Mr.sreedhar

As far as my knowledge is considered DP"S are Extra Judicial proceedings and once the matter is adjudicated by the competent court the DP has got no value and it will be setaside the judgment given by the competent court will prevail.

so dont worry.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 05 January 2009

I do agree with Mr. Shashidhar.

Rajan Salvi (Lawyer) 09 January 2009

My opinion is that Disciplinary Proceedings before the Bar Council are to determine whether the Advocate is guilty of professional misconduct , while the criminal proceedings are in respect of forgery. At some point both the case will converge but differ in thier outcome and in the issues involved. The DP cannot be stayed and will go on. If conflicting findings are arrived at by both the forums , then it would be a good case before the Supreme Court when and if the matter is decided against the Advocate by the Bar Council of India. I am searching for case law , and will post it on getting it.