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S.JEEVAGAN, Madurai. (Advocate, High court )     26 September 2023

Quashing of first information report (fir) registered against advocate

“The demeanor of an Advocate will always be different from the demeanor of a layman" - Madras High court.

The hon'ble Madras High Court has  quashed the First Information Report (FIR) registered against an advocate accused of obstructing a revenue official from doing his duty.

His Lordship Mr.Justice N Anand Venkatesh has said that the lawyers by virtue of the nature of their jobs, tend to react more aggressively than others and they should not be prosecuted for the same.  

The hon'ble Madras High Court in the case of C Raja Vs. State, has observed as follows:

“The demeanor of an Advocate will always be different from the demeanor of a layman. Considering the position that he holds and job that he performs, an advocate in most of the situations reacts boisterously. This is a character which is developed by an advocate by virtue of the nature of duty that he performs for his clients. The legal profession involves fighting for the rights of the clients and the advocate tends to react more aggressively even outside the courts". 

The Court, therefore,  quashed the FIR registered against an advocate who had been booked by the police for allegedly having obstructed revenue officials from carrying out a survey of a land owned by his client.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     26 September 2023

This is a very good judgment motivating the advocates to be more effective and dedicated to their profession.

An appreciable and welcome judgment and on behalf of the legal fraternity we express our gratitude towards this landmark juedgment and recognition of an advocate in the manner he deserves. 

Thank you your lordship.

Dr. J C Vashista (Advocate )     28 September 2023

Great !!!

Very well reasoned judgment.


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