Allahabad High Court: Advocates Not Appearing For Listed Cases Amounts To Professional Misconduct

The Allahabad High Court has held that non-appearance of Advocates in listed cases amounts to professional misconduct and tantamount to bench hunting or forum shopping.

The Court was considering a Bail Application wherein no one was present on behalf of the Applicant to press it.

The Bench of Justice Krishan Pahal held, "It is observed by this Court that advocates are not appearing in majority of listed cases that too on multiple dates. Non-appearance of the counsel for the applicant amounts to professional misconduct. It also tantamount to bench hunting or forum shopping."

The Applicant was represented by Advocate Anil Kumar Shukla, while the Respondent was represented by the Government Advocate.

The Court, at the outset, noted that such non-appearance was not a first or isolated incident as it had happened on previous dates as well.

Counsel for the informant informed that the statement of accused U/s Section 313 of the Cr.P.C. has already been recorded and the trial is at its conclusive end.

The Court referred to the Supreme Court's decision in Ishwarlal Mali Rathod v. Gopal, (2021) wherein it was held that courts shall not grant adjournments in routine manner and mechanically and shall not be a party to cause for delay in dispensing justice.

Noting that mere pendency of the Bail Application cannot accrue any right in favour of the Applicant and it cannot be allowed to swing years together in the cloak of pendency, the Court observed, "The applicant cannot be permitted to dilute the stream of justice by repeatedly remaining absent from judicial proceedings without any reasonable explanation. Absence of any reason for non-appearance is blatant abuse of process of law, even though the order is available on the website of the High Court."

The Court thus declined to entertain the Bail Application.

Cause Title: Smt. Pooja vs. State of U.P. (2025:AHC:107439)

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