Dhananjay Kumar v. The Bihar State Bar Council

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16053 of 2023 ====================================================== Dhananjay Kumar Son of Late Gopaljee Prasad, Resident of Bidhi Nagar, East of Sonu Market, Gola Road, Bailey Road, Police Station- Rupaspur, District- Patna.

... ... Petitioner/s

Versus

1.

The Bihar State Bar Council through its Chairman, namely Rama Kant Sharma.

2.

The Secretary, Bar Council, Bihar State Bar Council, Patna. 3.

The Enquiry Committee, headed by Presiding Officer Dharm Nath Prasad Yadav, Bihar Bar Council Building, Patna.

4.

Shri Chitranjan Prasad Singh, Son of Late R.N. Singh, Complainant, Resident of Lav Kush Nagar, Road No.01, Gola Road, East Sonu Market, Post Office- Danapur Cant, Police Station- Rupaspur, District- Patna. 5.

Avinash, Son of Dr. Mahindra Nath Dev, Resident of East Indira Nagar, Road No. 1, Gali No. 1, Kankarbagh, Police Station- Kankarbagh, DistrictPatna. 6.

The Bar Council of India through its Chairman, New Delhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Y.V. Giri, Sr. Advocate Mr.Sanjeev Kumar, Advocate For the Bihar State Bar Council : Mr. Shantanu Kumar, Advocate For the Respondent No. 4 : Mr. Rakesh Kr. Shrivastava, Advocate For the Respondent No. 6 : Mr.Vishwajeet Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-08-2024 The learned counsel appearing for the respondent no. 4 i.e. the complainant of the connected disciplinary proceedings, initiated against the petitioner and the respondent no. 5 vide D.C. Enquiry No. 02 of 2022, by the Bihar State Bar Council, Patna, submits that he has got no grievance either qua the petitioner or the

Patna High Court CWJC No.16053 of 2023(4) dt.13-08-2024 2/3 respondent no. 5 or against any other advocate, hence a quietus be given to the said enquiry in question.

2.

At this juncture, a question has arisen as to whether the disciplinary proceedings/enquiry in question has been referred by the Bihar State Bar Council, Patna to the Bar Council of India, to which the learned counsel appearing for the Bihar State Bar Council, Patna has submitted that the same is still pending before the Bihar State Bar Council, Patna and has not been referred to the Bar Council of India, hence in case the complainant has got no complain against the petitioner or the private respondent no. 5 or any other advocate, a quietus can be given to the aforesaid enquiry.

3.

Having regard to the stand taken by the learned counsel appearing for the Bihar State Bar Council, Patna as also by the learned counsel appearing for the complainant i.e. the respondent no. 4, I deem it fit and proper to put at rest, the proceedings of the aforesaid enquiry bearing D.C. Enquiry No. 02 of 2022, initiated by the Bihar State

Patna High Court CWJC No.16053 of 2023(4) dt.13-08-2024 3/3 Bar Council, Patna and direct that the same shall stand consigned qua the petitioner and the private respondent no. 5.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U