Recently, the Allahabad High Court, while considering a petition under section 482 CrPC, seeking to expedite the case pending under section 145, 146 CrPC, granted liberty to the litigant to approach bar council against the Advocate/Counsel for being on strike.
Counsel for the applicant submitted that case is pending since 2020 and SDM has not taken any action and the proceedings are unnecessarily lingering on.
Sri Nagendra Srivastava on the other hand submitted that from the perusal of order sheet it is evident that lawyers are continuously abstaining from work, therefore, there is no delay on part of the Presiding Officer/ SDM, but it is misconduct of the lawyer in not appearing before authority and continuously were abstaining from work thus proceedings could not progress.
Justice Vivek Agarwal observed that in such facts and circumstances, applicant is free to take action against erring counsel before the Bar Council of UP for continuously abstaining from work and lingering on the case on his part.
With this observation the Court dismissed the Petition.