- 1 - NC: 2025:KHC:15096 WP No. 24962 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24962 OF 2024 (GM-RES) BETWEEN: 1. SRI. S. BASAVARAJ S/O LATE M. SIDDARAMAIAH, AGED 60 YEARS, SENIOR ADVOCATE AND MEMBER, KARNATAKA STATE BAR COUNCIL, HAVING OFFICE AT NO. 11, 2ND FLOOR, JEEVAN BUILDINGS, KUMARA PARK EAST, BANGALORE - 560 001. …PETITIONER (BY SRI. MURTHY D. NAIK, SENIOR ADV., FOR SRI. GOUTHAM A. R., ADVOCATE) AND: 1. BAR COUNCIL OF INDIA NO. 21, ROUSE AVENUE INSTITUTIONAL AREA, NEAR BAL BHAWAN, NEW DELHI - 110 002. BY ITS SECRETARY. 2. SURYA MUKUNDRAJ ADVOCATE, AGED ABOUT 34 YEARS, S/O L N MUKUNDRAJ, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:15096 WP No. 24962 of 2024 143, 1ST FLOOR, 18TH CROSS, M C LAYOUT, BENGALURU - 580040. …RESPONDENTS (BY SMT. ANUBHA SRIVASTAVA, ADVOCATE FOR R1; SRI. UDAY SHANKAR, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED BY THE R-1 IN R.P 30/2024 COLLECTIVELY MARKED ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner, a designated senior Advocate, is before this Court calling in question the proceedings in Revision Petition 30/2024 and a Resolution dated 03.09.2024 passed in the aforesaid Resolution in Item No.133/2024 and a communication dated 9.9.2024. 2. Heard Sri. Murthy D. Naik, learned Senior counsel along with Sri. Goutham A.R., learned counsel appearing for - 3 - NC: 2025:KHC:15096 WP No. 24962 of 2024 the petitioner, Smt. Anubha Srivastava, learned counsel appearing for respondent No.1, Sri. Uday Shankar, learned counsel appearing for respondent No.2 and have perused the material on record. 3. The second respondent is the complainant. He registers a complaint before the Karnataka State Bar Council on 30.11.2022. The Disciplinary Committee of the Karnataka State Bar Council, holds its meeting on 3rd and 4th of June 2023 and after deliberations resolves to drop the proceedings in the matter. One year later, the complainant approaches the Bar Council of India by filing a revision petition under Section 48-A of the Advocates Act. After filing of the revision petition, the Bar Council of India passes a resolution holding prima facie that there was clear and conclusive material against the petitioner and passes an order of interim suspension of the petitioner’s licence for six months and as a post decisional hearing, issues a notice to the petitioner to defend himself during the revision proceedings. 4. The subject petition is preferred and a coordinate bench of this Court grants an interim order of stay on - 4 - NC: 2025:KHC:15096 WP No. 24962 of 2024 10.09.2024 i.e., on the next day of the passage of the order. During the pendency of the petition, the complainant who had preferred a complaint before the State Bar Council and who had preferred a revision petition files a memo before the Bar Council of India seeking that the revision petition be dismissed as withdrawn. The memo so filed reads as follows: "MEMO The petitioner in the above named revision petition submits that the petitioner does not intend to pursue the above named petition. Hence the above named revision petition may kindly be dismissed as withdrawn. The petitioner has filed the present memo out of his own volition and not under pressure or duress." 5. The learned counsel for the first respondent - Bar Council of India would submit the Memo has not reached the Bar Council of India and therefore, they should be permitted to continue the proceedings. The submission is noted only to be rejected, as the learned counsel for the 2nd respondent has filed a memo before this Court as well, appending to it the memo filed before the Bar Council of India. The memo filed before this Court reads as follows: - 5 - NC: 2025:KHC:15096 WP No. 24962 of 2024 "MEMO The above writ petition is filed by the petitioner challenging the proceedings initiated by the Bar Council of India in the Revision Petition 30 of 2024 filed by the petitioner herein. The second respondent has submitted a memo before the Bar Council of India, by email, on 20 March 2025 seeking to withdraw the Revision Petition 30 of 2024. A true copy of the said Memo is enclosed herewith. Hence the second respondent prays for suitable orders in the abovenamed writ petition in the interest of justice and equity." 6. Therefore, the foundation on which the Bar Council of India had passed the order is not in existence, as the revision petition itself is sought to be withdrawn by the revision petitioner, the 2nd respondent. Therefore, any order that is passed based upon the said revision petition would undoubtedly get obliterated with the withdrawal of the petition itself. It cannot be said that there is no order on the revision petition is passed. But the order passed prior to the withdrawal would continue to operate. If the petition goes, all orders would undoubtedly go with the petition. - 6 - NC: 2025:KHC:15096 WP No. 24962 of 2024 7. In the light of the aforesaid circumstance, the Bar Council of India cannot now contend that it would want to continue the proceedings, as there is nothing pending before the Bar Council of India to pass any order. 8. However, strangely enough, the learned counsel appearing for the first respondent-Bar Council of India would vehemently contend that the Bar Council of India wants to pursue the matter, notwithstanding nothing pending before it. The said strange submission cannot be heeded to and permit any proceeding in thin air. 9. For the aforesaid reasons, the following: ORDER (i) The petition is allowed. (ii) The entire proceedings in R.P.No.30/2024, the resolution dated 03.09.2024 in Item No.133/2024 and intimation letter dated 09.09.2024 bearing No.5020/2024 of the alleged - 7 - NC: 2025:KHC:15096 WP No. 24962 of 2024 order of the Bar Council of India dated 24.08.2024, are hereby quashed. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 4