manojabcde (engineer) 19 December 2016

Liability of advocate in case of annexures opposite to writ

In one civil writ petition issue of ex-parte stay granted against P.S of challan submission having entirely opposite annexures . In the writ petition, petitioner claims to have no FIR against him and his name was unduly included in P.S. But in the annexures, his name is clearly visible in the FIR.

Pl suggest role of advocate in examining writ petition as per annexures submitted with the writ. What action to take against such advocate presenting entirely opposite annexures of the writ petition.

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2 Replies

adv.bharat @ PUNE (Lawyer) 19 December 2016

Its advocate duty to examine all document before submitting it to court.

It may happen due to mistake please confirm it.

manojabcde (engineer) 20 December 2016

Thanks Adv Bharat Ji for your reply. I want to know whether such offence by advocate (having uncle judge syndrome) can be cognizable under advocate act by bar council. Whether such fake facts, grounds, list of events all claiming no FIR but annexure clearly showing FIR can be under innocent omission OR deliberate offence category. What is the provision of action against such fake gains by submission of fake facts, grounds to benefit criminal clients by saving them from challan submission by entirely fake Ex-parte stay order against P.S. without serving even notice to parties in last nine months of stay order.