Allahabad HC Issues Notice To Advocate Over Two Different Orders Of Same Date & Same Case

The Allahabad High Court has issued notices to two Advocates seeking their explanation for placing a different Order on record in a case. The Court has also directed them to file personal affidavits as to why prosecution for perjury be not initiated against them.

In this case, while filing their second anticipatory bail plea, the applicants had placed on record an Order pronounced in their first anticipatory bail plea.

However, the AGA for the State pointed out that there is some different order in his records of the same date passed in the first anticipatory bail application of the applicants.

On comparing the Order placed on record by the Counsel for the applicant with the true certified copy of the Order, Justice Manju Rani Chauhan observed that both Orders had different contents though the details mentioned in cause title and order date are same.

The Court noted that no one was present on behalf of the applicants even in revised call.

“Daring or it may be called in literal words 'insincere' act of an Advocate does not allow my consciousness to eschew it in such a bizarre situation where the concerned responsible person is trying to hide by adopting the practice of absenteeism.”, the Court noted.

The Court further added “To imbibe the ideas and suggestions of luminaries of the Bar over such spectrum where Advocates are required to be guided with ethics and moral obligations in respect of professionalism to safeguard the traditional belief, the matter is posted for 07th February, 2023.”

The Court issued notices to the Advocates for the applicant seeking an explanation as to under what impression different order has been placed on record and why the proceedings should not be initiated by the U.P. Bar Council.

The Court also directed the President and the Secretary of Allahabad High Court Bar Association to look into the conduct of both abovenamed advocates in the matter.

“The President and the Secretary of Allahabad High Court Bar Association, Allahabad are requested to look into the conduct of both abovenamed advocates in the matter, and render their assistance to the Court, on the next date fixed, regarding the course of action which they think fit to suggest for.”, the Court held.

Cause Title- Sandeep Kumar Vishnoi & 3 Others v. State of U.P. and Another

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