Court rules no misconduct by lawyer appearing for co-accused, dismisses criminal proceedings
In a significant ruling, the Madhya Pradesh High Court has quashed the criminal proceedings against Suresh Prasad Khare, a practicing advocate, who faced allegations of fraud while representing his son, Rupesh Khare, as a co-accused in a criminal case. The court found no evidence of intentional deception or misconduct under the Bar Council of India Rules or Section 340 of the Criminal Procedure Code (CrPC).
The case stemmed from an FIR registered in 2017, implicating Rupesh Khare in a fraud case. Suresh Khare, who was later made a co-accused, appeared as legal counsel for his son in a petition to quash the FIR. The lower court had dismissed his application for discharge, leading to the present revision petition.
The High Court bench, comprising Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf, scrutinized the allegations, particularly the claim that Suresh Khare committed fraud by concealing the dismissal of an earlier petition. The court noted that the earlier petition's dismissal post-dated the filing of the current petition, nullifying any claim of suppression.
Furthermore, the court examined Rule 13 of the Bar Council of India Rules, which prohibits advocates from appearing in cases where they may be witnesses. However, it found no evidence that Khare's role as counsel for his son constituted a breach, given the absence of intentional deception or mens rea.
The High Court emphasized that Section 195 of the CrPC did not apply to the alleged offenses under Sections 417 or 420 of the Indian Penal Code, which do not pertain to contempt of lawful authority or public justice offenses. Consequently, the magistrate's cognizance of the complaint under these sections was deemed erroneous.
The court’s decision sets aside the magistrate's order and quashes the proceedings against Khare, highlighting that no offense of cheating was made out. The ruling underscores the importance of distinguishing between professional conduct and criminal liability, especially in cases involving legal representation of family members.
Bottom line:-
Advocate appearing as counsel for co-accused in a case where he is also an accused - No fraud or misconduct established under Bar Council of India Rules or Section 340 of Cr.P.C. - Criminal proceedings and allegations of fraud quashed.
Statutory provision(s): Section 340 CrPC, Section 417 IPC, Section 420 IPC, Section 227 CrPC, Section 482 CrPC, Section 195 CrPC, Section 35 Advocates Act, Rule 13 Bar Council of India Rules
