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The High Court imposed cost on an advocate, to be paid to a library, after an objectionable annexure was attached to the writ petition which was filed for quashing the charge sheet.
A Division Bench of Justice Revati Mohite Dere and Justice S.M Modak of the Bombay High Court, imposed a cost of Rs. 25000 on an advocate for annexing an objectionable picture in a criminal writ petition.
The bench was hearing a writ petition filed for quashing a charge sheet under Section 482 of the Criminal Procedure Code.
The bench also directed the Counsel for the petitioner to remove the objectionable annexure stating that it also affects the privacy of the parties.
The bench noted –
“Whilst perusing the papers, we came across highly objectionable photographs annexed by the learned Counsel for the petitioner to the aforesaid petition. No sense of proportion or discretion is exercised by the learned Counsel whilst annexing the said photographs. Advocates fail to realize that these petitions are filed/placed before the Registry and get circulated through various departments, exposing the parties involved in the photographs”
The court while directing the advocate to pay the cost of Rs. 25000 to the Kirtikar Law Library stated that:
“We expect, all lawyers/Advocates to exercise some discretion and proportion whilst annexing the photographs which are highly objectionable.”
Case Title: Jyotsna D’souza vs State of Maharashtra & Ors.
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