Relief For Advocate In 'Illness Slip' Row: Allahabad HC Waives ₹20K Cost, Expunges Adverse Remarks Following Apology

The Allahabad High Court last week expunged its adverse remarks made earlier against an advocate who had attempted to deceive the Court by sending an illness slip while appearing in another case before another Court on the same day.

Accepting the unconditional oral apology tendered by the advocate, a bench of Justice Gautam Chowdhary also waived the cost of Rs. 20,000/- imposed upon in the order passed on March 24, 2026.

"Considering the written unconditional apology made in the affidavit filed in support of the present modification applicantion as well as unconditional oral apology made by Shri Jitendra Kumar Srivastava, Advocate, the observations/ directions made in para-8 to 10 of the order dated 24.03.2026 are liable to be deleted," the April 17 order of the HC reads.

For context, in its previous order, the bench had noted that the counsel engaged to argue an anticipatory bail application had appeared in another case on the same day while sending an illness slip in the present case before this court.

Justice Chowdhary had also taken an exception to the counsel not apprising the Court of the fact that the applicant had already obtained interim protection from arrest in another case.

"Learned counsel for the applicants made no effort to apprise the Court of the correct status of the matter, as such this Court takes serious note of the same. The conduct of the counsel for the applicants demonstrate that the counsel for the applicants makes an attempt to deceive the Court that amounts to interference with the administration of justice especially when numbers of fresh cases are being filed everyday and the Courts are already overburdened with the pendency of cases. Being officer of the Court, it is the duty of the learned counsel to assist the Court with true facts so as to save the precious time of the Court. By the conduct offered by learned counsel for the applicants, precious time of the Court has been wasted in the instant case," the bench had observed.

Read more about the previous order here: Counsel Sends Illness Slip But Appears Elsewhere: Allahabad High Court Imposes ₹20,000 Costs

The bail plea pertained to a case in which multiple disputes exist between the applicants and the informants and the Court had granted protection to the applicants. It was pleaded that the informant, out of ill will, filed another complaint before the Magistrate, which was treated as an FIR. The applicants sought anticipatory bail in these proceedings.

During the hearing, counsel for the informant informed the Court that, although counsel for the applicants had sent an illness slip in the anticipatory bail application, he had appeared in a special appeal before another Court.

Noting that interim protection from arrest had already been granted to the applicants in another case arising from the same proceedings, the Court dismissed the anticipatory bail.

Observing that the counsel for the applicant had tried to deceive the Court, a cost of Rs. 20,000 was imposed on him.

Case Title: Arun Kumar Yadav v. State of U.P. and Another 2026 LiveLaw (AB) 171

Citation: 2026 LiveLaw (AB) 171

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