Allahabad High Court Upholds Continuation of Criminal Proceedings Against Advocate Despite Acquittal in Disciplinary Case

Court emphasizes distinct objectives and standards of proof in disciplinary and criminal proceedings, dismisses plea to quash charges under Section 420 IPC 

In a significant ruling, the Allahabad High Court has dismissed an application by Advocate Yogesh Kumar Bhentwal seeking to quash criminal proceedings against him under Section 420 of the Indian Penal Code (IPC). The proceedings were initiated based on a complaint by Mahavir Singh, accusing Bhentwal of fraudulently obtaining Rs. 6,36,000 as legal fees. The judgment, delivered by Justice Jai Prakash Tiwari, underscores the distinct nature of disciplinary and criminal proceedings, emphasizing that an acquittal in one does not automatically negate the other. 

The court noted that Bhentwal had previously faced disciplinary action by the Bar Council of Uttar Pradesh, which initially found him guilty and suspended him from practice for five years. However, this decision was later overturned due to a lack of evidence. Despite this, Singh proceeded to file a criminal complaint, leading to the current proceedings. 

Justice Tiwari clarified that disciplinary proceedings under the Advocates Act are quasi-criminal and aim to uphold professional ethics, while criminal proceedings are governed by different standards and objectives. The judge highlighted that the inherent powers of the High Court under Section 482 of the Criminal Procedure Code (Cr.P.C.) to quash proceedings are reserved for rare cases, such as the absence of a cognizable offense or to prevent abuse of process. 

The court rejected the arguments that the case was civil in nature or that the summoning order by the Additional Chief Judicial Magistrate was illegal. Instead, it affirmed that the presence of prima facie evidence warranted the continuation of the trial. The ruling reinforces the principle that disputed facts cannot be adjudicated under Section 482 Cr.P.C., as these require thorough examination during the trial. 

The decision underscores the judiciary's role in maintaining the integrity of legal proceedings by ensuring that distinct processes are respected and allowed to take their course. The case will now proceed in the trial court, where the evidence will be examined in detail to determine the veracity of the allegations against Bhentwal. 

Bottom Line:

Acquittal in disciplinary proceedings by the Bar Council is not a ground to automatically quash criminal proceedings initiated under Section 482 Cr.P.C., as disciplinary and criminal proceedings are distinct and have different objectives.

Statutory provision(s): 

Criminal Procedure Code, 1973 Section 482, Advocates Act, 1961 Section 35, Indian Penal Code Section 420

Yogesh Kumar Bhentwal v. State of U.P., (Allahabad) : Law Finder Doc id # 2818229