Raj HC dismisses plea by man accused of posing as advocate
JODHPUR, Sept. 12 -- The Rajasthan High Court has dismissed a plea seeking quashing of an FIR against a man accused of appearing before a trial court while posing as an advocate, observing that no person can practise or represent himself as a lawyer unless enrolled with the State Bar Council.
Justice Ravi Chirania also imposed costs of Rs.50,000 on petitioner Surendra Singh, directing him to deposit the amount with the Rajasthan High Court Advocate Clerks Association within a month. The matter has been listed for compliance on October 6.
Singh had sought quashing of an FIR registered on May 31, 2025, at Makrana police station in Didwana-Kuchaman district under Section 319(2) of the Bharatiya Nyaya Sanhita (BNS), 2023.
His counsel argued that Singh had neither committed the alleged offence nor presented himself as an advocate or performed any work in court that could only be done by an advocate. However, Singh later sought permission to withdraw the petition, which the court did not permit.
The bench had sought assistance from senior advocate Anand Purohit, a former president of the Bar Association, to ascertain the facts. After hearing both sides, Purohit too said the petition deserved to be dismissed with costs.
The court found that Singh was not an advocate but had represented himself before the trial court and filed documents in different cases. On one occasion, when he appeared before a lower court, advocates tried to apprehend him, but he escaped by scaling the premises' wall. The court said no person could practise as an advocate or represent himself as one unless enrolled with the respective State Bar Council under the Advocates Act, 1961. It also noted that Singh's attempt to withdraw the plea "further affirms the allegations" in the FIR. Finding no ground to exercise its powers under Section 528 of the BNSS, the court dismissed the plea....
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