Quashed

Court on its own motion on the basis of resolution/complaint passed by Coordination Committee v. The State of Bihar

Patna HC21 Apr 2023CWJC/345/2023

Case brief

AI extract

What is this about?

Court rejected application by suspended advocate to withdraw undertaking restricting entry into High Court, noting pending Bar Council disciplinary and criminal proceedings. Writ petition closed on consent of parties.

What did the court decide?

Writ petition quashed on consent of all parties; undertaking for non-entry into Court premises maintained pending others proceedings.

Court on its own motion on the basis of… — Writ and Judicial Review | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.345 of 2023

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Court on its own motion on the basis of resolution/complaint passed by Coordination Committee Honorable Patna High Court.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

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The Home Secretary, Govt. of Bihar, Patna.

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The Director General of Police, Bihar, Patna.

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The Coordination Committee, through its Chairman, Patna High Court, Patna.

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The State Bar Council, through its Chairman, Patna.

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Mr. Niranjan (Advocate) Flat No.- 101, Gajadhar Kailash Apartment, Road No.- 02, East Patel Nager (Near Gandhi Murti), Patna-23. [email protected]

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner : Mr. For the State : Mr. Sunil Kumar Mandal (SC-3) Ms. Neelam Kumari, AC to SC-3 Mr. Bipin Kumar, AC to SC-3 For Respondent No. 6 : Mr. Mrigank Mauli, Sr. Advocate ======================================================

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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

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Date : 21-04-2023

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The writ petition was suo motu initiated on the grievance projected by all the three Associations of the Patna High Court with respect to misconduct alleged on an advocate of this Court, which was on the allegation of an abuse perpetrated on a trainee in his chambers, outside the premises of the Court. A

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Patna High Court CWJC No.345 of 2023 dt.21-04-2023 2/3

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complaint was registered by the victim before the police, also before the Internal Complaints Committee and the Bar Council.

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The students of the college in which the trainee was studying also filed a complaint before Bar Council. The Vice Chancellor of the University also wrote to the Bar Council.

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The Bar Council hence constituted a three-member disciplinary committee to go into the allegations. The Bar Council of India suspended the advocate against whom allegations were raised.

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As of now, proceedings are in motion, both disciplinary proceeding, before the Bar Council and the criminal proceedings, as instituted on the complaint of the trainee.

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The learned senior counsel appearing for the suspended advocate wanted to withdraw the earlier undertaking given by the advocate that he would not enter the premises of the High Court. An application to that effect is also filed.

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We reject the application, especially since we find that as of now he is suspended from practicing, by the Bar Council of India itself and there is no reason why he should enter the Court premises.

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Since the other proceedings are pending, subject to such proceedings, the undertaking would continue and the writ

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Patna High Court CWJC No.345 of 2023 dt.21-04-2023 3/3

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petition, as of now, would stand closed on consent of all parties,

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since nothing further can be done in the writ petition.

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(K. Vinod Chandran, CJ)

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( Madhuresh Prasad, J)

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shashank/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	25.04.2023
Transmission Date	NA

Court on its own motion on the basis of resolution/complaint passed by Coordination Committee v. The State of Bihar

Case brief

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Court on its own motion on the basis of resolution/complaint passed by Coordination Committee v. The State of Bihar

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