Lawyer's actions often controlled by client: Bombay High Court quashes forgery FIR against advocate

The Bombay High Court recently quashed a criminal case filed against a lawyer accused of submitting a forged tax receipt to secure bail for her client, after noting that lawyers' clients exercise considerable control over the manner in which an advocate renders services [Sarika Narayan Tembhare vs. State of Maharashtra and anr]..A division bench of Justice Anil S Kilor and Justice Pravin Patil of the Nagpur Bench underscored that a lawyer's actions are often shaped by client instructions. “A considerable amount of direct control is exercised by the client over the manner in which an advocate renders his services during the course of his employment,” the Court said.Expanding on the role of advocates, the bench observed, “The Advocate represents the client before the court and conducts proceedings on behalf of the client. He is the only link between the court and the client. He is expected to follow the instructions of his client rather than substitute his judgment.”.The lawyer in question had submitted documents in Court on behalf of her client while applying for bail, including a property tax receipt used to support the surety. A subsequent inquiry indicated that the receipt was forged and not issued by the relevant gram panchayat.A complaint was lodged by a Court staffer, leading to criminal proceedings under several provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS) in Ram Nagar Police Station, Chandrapur.The prosecution alleged that the advocate had misled the Court by submitting a forged document. However, the Court noted there was no claim that lawyer had fabricated it herself or conspired with the surety to do so."it is not the case of the prosecution that the applicant prepared such a fake certificate or (s)he is involved in such act with the surety who produced the said certificate. Thus, considering the role of Advocate in such matters, particularly towards the court and his client, we are of the opinion that in the present matter whatever documents the client had given to her to submit in the court, the applicant submitted the same as per the instructions of her client," the Court observed. Finding that the allegations did not disclose any offense against the advocate, the High Court quashed the first information report (FIR) against her and disposed of the application..Advocate N S Khandewale appeared for the applicant-lawyerAdditional Public Prosecutor Nikhil Joshi appeared for the State .[Read Order]