The Court determined that the complaint had been submitted with a malicious intent to seek revenge against a lawyer who had been representing the complainant’s spouse in a matrimonial lawsuit.
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RANCHI: The Jharkhand High Court has quashed disciplinary proceedings against a lawyer who was accused of having an illicit relationship with a client. This decision underscores the importance of evidence and the context of allegations in legal and disciplinary matters.
The case revolved around allegations made by a husband against his wife and her lawyer. The husband, who was estranged from his wife, accused the lawyer of engaging in a physical relationship with his wife. However, the Court noted a crucial point: the wife, an adult and the central figure in this allegation, had not filed any complaint herself.
The Court emphasized this aspect, stating:
“Surprisingly, the wife has not filed any complaint. If there was any sexual act or any misconduct committed by the petitioner-Advocate upon [her], [she] would have been the only person who could have lodged a complaint. In this case, it is the husband, who is adversary of [wife] has lodged the complaint.”
This observation was pivotal in the Court’s assessment of the situation. It highlighted the absence of direct allegations from the supposed victim and suggested that the complaint might have stemmed from the husband’s adversarial relationship with his wife rather than any factual misconduct by the lawyer.
Further strengthening the lawyer’s position, the Court noted that a summoning order in a criminal case filed against the petitioner by the complainant had already been quashed by the High Court. This previous decision played a role in shaping the Court’s view of the current disciplinary proceedings.
After a thorough examination of the facts and circumstances, the Court concluded that the complaint appeared to be driven more by vengeance than by evidence of any professional misconduct. As a result, the Court allowed the lawyer’s plea to quash the complaint.
The order stated,
“Consequently, Notice Ref. No. 1688 of 2023 dated 26.8.2023 in D.C. Enquiry No. 3/2023 is quashed. The complaint dated 5.9.2022, filed by respondent No. 3 along with the entire proceeding started by the Disciplinary Committee, Jharkhand State Bar Council against the petitioner is also quashed.”
This ruling is a reminder of the importance of basing legal and disciplinary actions on solid evidence and the actual context of allegations. It also highlights the need for careful scrutiny in cases where personal relationships and professional conduct intersect, ensuring that justice is served without being influenced by personal vendettas or unfounded accusations.
Advocates Sheo Kr Singh and RN Chatterjee represented the petitioner.
Advocate Neha Bhardwaj represented the Bar Council. State Bar Council Chairman R Krishna was also present.
Advocate Rajesh Kumar represented the complainant.
[Read/Download Judgment]
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