JUDGMENT

Sanjay K. Agrawal, J. - This Writ Petition has been preferred by the petitioner herein seeking quashment of enrollment of respondent No.10 herein as an Advocate enrolled by State Bar Council of Delhi and also sought direction to hold C.B.I. enquiry against respondent No.10 herein in relation to alleged impersonation by him in obtaining enrollment.

2. Essential facts necessary to decide lis brought before this Court are as under :

(i) Respondent No.10 herein, S.P. Choubey was enrolled as an Advocate by the State Bar Council of Madhya Pradesh being enrollment No. MP 283/1970/Advocate. His brother-in-law Mr. R.N. Tiwari made a complaint against him to the State Bar Council of M.P. alleging impersonation and using forged certificates in obtaining enrollment. Cognizance of said complaint was taken by the State Bar Council of M.P. and disciplinary committee of the council decided the case by its order dated 19.02.1983 and ordered removal of the name of said respondent from roll of advocates maintained by State Bar Council of M.P.. In appeal preferred by the said respondent the Bar Council of India by order dated 08.05.1983 remanded back the matter to the State Bar Council of M.P. for disposal in accordance with law. The State Bar Council of M.P. in turn considered the matter in its meeting dated 15.01.1983 and passed resolution No. 48/1983 and referred the matter to the Bar Council of India under Section 26(1) of the Advocates Act, 1961 and finally, the Bar Council of India, respondent No.1 herein vide its order dated 8.4.1984, directed the name of respondent No.10 to be removed from the roll of advocates maintained by State Bar Council of Madhya Pradesh in exercise of its power under proviso to Section 26(1) of the Advocates Act, 1961 (hereinafter called as "the Act of 1961").

(ii) Thereafter, in compliance of above-stated order of Bar Council of India, respondent No.2 herein, the State Bar Council of Madhya Pradesh issued a notification on 30.7.1984 removing respondent No.10 from the State roll of Advocates forthwith and thereby the said respondent ceased to an Advocate and became ineligible to appear and conduct cases as such.

(iii) Questioning legality and validity of order passed by the Bar Council of India dated 8.4.1984, respondent No.10 preferred petition being Civil Writ No. 2017/84 in the High Court of Delhi titled as S.P. Choube Vs. Bar Council of India & Ors., which was dismissed summarily by the High Court of Delhi on 22.8.1984. Respondent No.10 again filed petition being M.P. No. 2490/86 (S.P. Choube Vs. Bar Council of India & Ors.) before the Madhya Pradesh High Court, which was also dismissed by a reasoned order by the said Court by order dated 1.9.1986, yet the said respondent No. 10 still not satisfied, filed a Civil Suit for declaration and injunction before the 3rd Civil Judge Class II, Durg questioning the order passed by the Bar Council of India, in which, plaint was directed to be returned by the said Civil Court by order dated 20.12.1985 in exercise of power and jurisdiction conferred under Order 7 Rule 10 of the CPC.

(iv) The Criminal Revision No.114/85 filed by respondent No.10 questioning order dated 05.11.1985 was also dismissed by the 1st Additional Sessions Judge, Durg on 21.9.1985. It was the case of the petitioner that at the instance of District Bar Association Durg, FIR was registered against respondent No.10 for offences punishable under Sections 419 and 420 IPC in Kotwali Police Station, Durg and he was charge-sheeted by the said Police Station and despite his removal from the State roll of Advocates, he is still practising, for which he is not entitled and therefore, his enrollment as an Advocate with the State Bar Council of Delhi being enrollment No. D1634/2002 be quashed and the matter be handed over to the Central Bureau of Investigation for inquiring into the aforesaid impersonation by respondent No.10 and he be directed to be prosecuted accordingly.

3. Respondent No.10 being mai