LAWS(ORI)-1992-12-24

SARAT CHANDRA ACHARYA Vs. STATE OF ORISSA

Decided On December 03, 1992
SARAT CHANDRA ACHARYA Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) BEING seized with a case in which an advocate is facing prosecution Under Section 419/109, IPC, the quashing of which has been prayed for in this petition, the learned single Judge desired that some issues of importance relating to the administration of justice may be decided by a larger Bench, and it is because of this that the matter is before us.

(2.) THE issues involved are :

(3.) THE aforesaid shows that the Bar Council is not of the view that identification by an advocate is not permissible or desirable. Indeed, the resolution accepts that an advocate may identify, but states that it is only "deliberate wrong identification" which may give rise to professional misconduct or criminal liability depending upon the facts of each case.