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ABDUL MAJID versus STATE


Section 41 of the Legal Practitioners and Bar Councils Act 1973, in which the Penal Code (XLV of 1860) was read, Section 420 calls for disciplinary proceedings not to be made after the admissibility of advance fees in a court of law and several times, and the client Is also synonymous with fraud. In addition to the Provincial Bar Council proceedings, the police also have to register the case under Section 420, Constitutional Rule 1860.

1979 P Cr. L J 1105

[Lahore]

Before Aftab Farrukh, J

ABDUL MAJID-Petitioner

Versus

THE STATE-Respondent

Criminal Miscellaneous No. 3478/B of 1979, decided on 22nd October 1979.

Legal Practitioners and Bar Councils Act (XXXV of 1973)---

-- S. 41 read with Penal Code (XLV of 1860), S. 420-Misconduct Deliberate and repeated non-appearance of Advocate before Court after acceptance of fee-Held, calls for disciplinary action and also tantamounts to cheating of client-Matter referred to Provincial Bar Council for action as well as to police for registration of case under S. 420, Penal Code, 1860.

Nemo for Petitioner.

Abdul Sadiq for the State.

ORDER

Raja Muhammad Ayub Khan, Advocate, filed this application for bail on behalf of petitioner Abdul Majid, son of Shah Muhammad, caste Arain, resident of Chak No. 351/E-B, Tehsil Pakpattan District Sahiwal (Now confined in New Central Jail, Multan). The case has been called and nobody has turned up. This is dismissed for non-prosecution with the observation that if the petitioner is so advised, he can file a fresh application.

2. The learned counsel for the State informs that same was the position on an earlier occasion in respect of the same petitioner when the application had to be dismissed for non-prosecution as the learned counsel did not appear. However---

(i) the conduct of the learned counsel calls for disciplinary action an the matter be referred forthwith to the Provincial Bar Council; and

(ii) I think deliberate repeated non-appearance after accepting the fee tantamounts to cheating a client and this matter be referred to Police Station, Old Anarkali, Lahore, for the registration of a case under section 420, P. P. C.

The petitioner be intimated of this result in the jail. None has turned up until 2 p.m.

Order accordingly.

THE END

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