Advocate Not Expected To Verify Genuineness Of Power Of Attorney Given By Litigant : Supreme Court

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."

The appellant, an advocate, appraoched the Supreme Court seeking discharge in a criminal trial relating to offences punishable under Sections 406, 420, 465, 467, 468, 471, 474, 166, 167, 193, 196, 199, 201, 203, 255, 260, 261, 262 and 120B of the Indian Penal Code, 1860.

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.

"Taking the assertions in the charge-sheet as correct, we find that no case was made out to proceed against the appellant and to frame charge against him," the Court observed discharging the appellant. However, the Court clarified that it has not dealt with the allegations against the other accused.

Case  : Ismailbhai Hatubhai Patel vs The State of Gujarat

Citation : 2025 LiveLaw (SC) 267

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