Case Law Details
Gopi Kishan S/o Shri Chagan Lal Vs State Of Rajasthan (Rajasthan High Court)
The case of petitioner-Rani Dan, Advocate, when seen in light of the precedential backdrop, and more particularly when it is apparent on the face of the record that the role of the said petitioner, in the present case, was exercised only as an Advocate, this Court is being conscious of the settled legal position, finds that an Advocate, though is bound by his professional conduct, but can only give his advice to the best of his ability and capacity; an Advocate never gives to his client an assurance that his legal opinion/advice would result into a win-win situation for his client, in any circumstances. Once an advice is given by an Advocate, it is the prerogative of the party concerned to adhere to such advice or not. Such professional advice however, cannot attract criminal proceedings, as the professional advice is a very delicate issue between a client and an Advocate, for which the Advocate cannot be held criminally liable. Thus, if any legal advice rendered by an Advocate goes wrong, the same would not subject him to criminal prosecution, as a lawyer.
As observed above, an Advocate, at the most, may be liable for gross negligence or professional misconduct, if it is established by placing a cogent evidence on record, but an Advocate cannot be charged for the offences, as alleged herein, alongwith other conspirators. Thus, when there is nothing substantial on record to show that the petitioner-Rani Dan was hand in glove with other conspirators, so as to deliberately cause a financial loss to the State Exchequer, this Court is of the firm opinion that merely on the basis of a professional advice/opinion, the lawyer’s prosecution, as done in the present case, cannot be sustained in the eye of law.
This is more so when the prosecution has failed to prima facie prove that the petitioner-Rani Dan, Advocate was involved into a conspiracy of causing a financial loss to the State Exchequer.
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Appreciating judgment