The Supreme Court has observed that an advocate cannot be held criminally liable for merely failing to verify the genuineness of a power of attorney which was handed over by a litigant to file a case.
In the ordinary course, an advocate is not expected to verify the genuineness of the power of attorney, the Court observed. Discharging an advocate from a criminal case for offences relating to cheating, forgery etc., a bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan observed :
“When a litigant claiming to be a power of attorney holder of others, approaches a member of the Bar and shows him the original power of attorney and engages him to file a case, the Advocate is not expected to get the genuineness of the power of attorney verified.
Facts as stated in the case :It was alleged that a Tenancy Case was filed by the appellant on behalf of another accused on the basis of a fabricated power of attorney. The Court noted that vakaltnama was signed by the power of attorney-holder and the petition was signed and verified by him.
Ismailbhai Hatubhai Patel Versus The State Of Gujarat SC
Criminal Appeal No(S).661 Of 2025
Decided On February 11, 2025
Dr Prem Lata
