Karnataka High Court Mandates 'Peripheral Enquiry' Before Registration Of FIR Against Advocates

The Karnataka High Court, while issuing notice in a plea, has directed that the police prior to registration of the crime against the Advocates, may have to hold a peripheral enquiry, with regard to the nature of allegations being made by the complainants, who would want to settle scores against the Advocates who represents the accused.

The Bench of Justice M Nagaprasanna ordered, "The Court has come across umpteen number of cases of the kind, where there would be no rhyme or reason to drag the Advocates into the web of the crime. If this trend is permitted to be continued, it would have a chilling effect on the profession, as every Advocate who represents an accused, will be brought under the web of investigation for a crime and the crime is, representing the accused in any other case. Therefore, the police prior to registration of the crime against the Advocates, may have to hold a peripheral enquiry, with regard to the nature of allegations being made by the complainants, who would want to settle scores against the Advocates who represents the accused."

Senior Advocate Vivek Reddy appeared for the Petitioner.

The Court also said, "The case projects a very dangerous and emerging trend in the hands of the complainants. The complainants have begun to implicate the Advocates for penal consequences, only because they are representing the accused, alleging highly improbable offences."

The Petitioner was accused No.10. He represented the Accused No.1/Husband. It was the case of the Petitioner that merely because he represented Accused No.1 in several cases pending between the two, he was dragged into the web of crime by a complaint registered against the Advocate by the Respondent No. 2/Complainant. 

The Court concluded, "In the case at hand as well, except the Advocate representing the accused and imaginary allegations built upon the said fact, there is nothing that can become a crime, for this Court to permit investigation against the Advocate petitioner/ accused No.10. In the light of no offence being found against the petitioner, there shall be an interim order of stay of all investigation qua the present petitioner/accused No.10 only."

Accordingly, the matter is now listed on February 19, 2026, at 4.00 p.m. for further hearing.

Cause Title: Sri Yasmeen Saleha v. State of Karnataka [CRL.P 1270/2026]