Gross Professional Misconduct: Allahabad HC Over Advocate Advertising His Name On Leaflets For Sale & Purchase Of Properties

The Allahabad High Court has directed the Bar Council of Uttar Pradesh to inquire and take action over the Advocate mentioning his name on advertising leaflets for sale, purchase and letting off the properties and for resolution of disputes regarding properties.

The bench of Justice Subhash Vidyarthi observed the conduct of Advocate to be gross professional misconduct.

"The conduct of Advocate in mentioning his name on advertising leaflets for sale, purchase and letting off the properties and for resolution of disputes regarding properties, appears to be a gross professional misconduct.", the Court observed.

Therefore the Court ordered "Let a copy of this order be sent to the Bar Council of Uttar Pradesh alongwith a copy of the leaflet annexed with the supplementary affidavit as annexure No. SA-4 for taking necessary action in the matter after holding an inquiry."

The Court was dealing with a bail application of an accused who was booked under Sections 420, 406, 504, 506 of Indian Penal Code.

Advocate Suresh Kumar Gupta appeared for the bail applicant and Dinesh Kumar Srivastava, Additional Government Advocate, appeared for State.

It was alleged that the accused had proposed to the informant to sell his land and a sale consideration of Rs. 43,00,000/- and Rs. 2,00,000/- were given to the accused-applicant as earnest money.

The applicant demanded more money. When the informant transferred a sum of Rs. 41,00,000/- in the applicant's account, the applicant ran away and did not present himself for execution and registration of the sale deed.

The Court noted that there is no registered agreement to sell the property between the informant and the applicant.

The Court further noted that the co-accused in the case has already been granted bail and the applicant has no previous criminal history.

Thus the Court granted bail to the applicant accused.

Before parting with the case, the Court observed that a copy of a leaflet was annexed with the supplementary affidavit.

The Advocate had mentioned his name on advertising leaflets for sale, purchase and letting off the properties and for resolution of disputes regarding properties.

Thus the Court directed the state Bar Council to inquire into the matter.

Cause Title- Satya Prakash Sharma v. State of U.P

Click here to read/download Order