Case Details:
Case Name: C. Raja v State and another
Case No.: Crl.O.P. No. 19420 of 2023
Bench: Hon’ble N. Anand Venkatesh, J.
In a recent judgment, the Hon’ble Bench of Madras High Court came to the rescue of an Advocate who has been arrayed as an accused in a case involving obstruction from performing the official duty.
The case involves a revenue officials who were conducting a survey for removal of encroachment made in Government poramboke land following the procedure under the Land Encroachment Act.
The petitioner who is a practicing Advocate had filed suit on behalf of his client and he accompanied him to the spot and questioned the officials and the same instance was taken to be causing obstruction from performing the official duty and the petitioner has also been arrayed as an accused in the case.
The Court observed that “the demeanor of an Advocate will always be different from the demeanor of a layman. Considering the position that he holds and job that he performs, an Advocate in most of the situations reacts boisterously. This is a character which is developed by an Advocate by virtue of the nature of duty that he performs for his clients. The legal profession involves fighting for the rights of the clients and the Advocate tends to react more aggressively even outside the Courts. It may be true that the petitioner had expressed himself more strongly to defend the rights of his client and that by itself should not result in a criminal prosecution against an Advocate. The main intention on the part of the petitioner was not to prevent the Government officials from performing their function and on the other hand, the petitioner was only attempting to safeguard the rights of his client.”
The Court held that the continuation of the investigation as against the petitioner will result in the abuse of process of Court and liable to be quashed.
Read the order/judgment here: Demeanor of an Advocate will always be different from layman
