Allahabad HC Directs State Bar Council To Enquire And Take Action Against Advocate Running Side Business
The Allahabad High Court has directed the Bar Council of Uttar Pradesh to make inquiry and take action against an Advocate who is running a business also.
The bench of Justice Subhash Vidyarthi was dealing with a bail application of an accused person who was arrested following the complaint filed by the aforesaid Advocate claiming that someone had withdrawn Rs. 500/- and Rs. 15,000/- from the current account of his firm- M/s. Ayurherbs Remedies India.
The Court noted that the informant had described himself as an Advocate whereas he has mentioned in the F.I.R. that he is the proprietor of "M/s Ayurherbs Remedies India".
"…the Court is constrained to take note of the fact that the informant has described himself as an Advocate whereas he has mentioned in the F.I.R. that he is proprietor of "M/s Ayurherbs Remedies India"; it appears from the F.I.R. itself that the informant-Advocate is running business also.", the Court observed.
Therefore, the Court directed the Bar Council to make an inquiry into the matter.
"The Bar Council of Uttar Pradesh is directed to make inquiry in the matter and take suitable action in accordance with law. A copy of this order be sent to the Secretary, Bar Council of Uttar Pradesh for taking suitable action.", the Court directed.
The accused person who was arrested following the complaint was directed to be released on bail.
Advocate Abhishek Singh appeared for the applicant-accused.
"Having regard to the aforesaid facts and submissions and keeping in view the fact that the alleged fraudulent withdrawal was made on 02.02.2022 whereas the F.I.R. has been lodged on 15.02.2022 and there is no explanation for the delay; the F.I.R. was lodged against unknown person; the applicant has been implicated in the present case on the basis of his alleged confessional statement recorded by the Police after his arrest in another case and two of the co-accused persons have already been granted bail in the present case, I am of the view that the applicant is entitled to be released on bail.", the Court held.
Cause Title- Anil Kumar v. State of UP