THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDING IN PCR NO.224/2019 UNDER SECTIONS 419, 420, 120-B AND 511 OF IPC R/W SECTION 45 OF ADVOCATE ACT, PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC AT BANGARPET.

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 07.10.2026, THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

CAV ORDER

Heard the learned counsel for the petitioner, the learned High Court Government Pleader appearing for respondent No.1/State and the learned counsel for respondent No.3/Bar Council. The respondent No.2/complainant is served and unrepresented.

The prayer sought in the petition is to quash the entire proceedings in PCR No.224/2019 under Sections 419, 420, 120B and 511 of IPC read with Section 45 of the Advocates Act, on the file of the Principal Civil Judge and JMFC, Bangarpet.

The matter was referred for investigation under Section 156(3) of Cr.P.C. This Court would like to extract the order of the Trial Court. Having filed the complaint, the following order is passed:

“Complainant present. Perused complaint and relevant documents along with the witness list and affidavit. These documents prima facie shows that there is an offence. Therefore cognizance taken against offences punishable under Sec. 419, 420, 120(B), 511 of IPC read with Section 45 of Advocates Act. Hence, office is directed to register the case as PCR in Reg.No.II.By acting under Sec.156(3) of Cr.P.C., refer the matter to PSI of Bangarpet police station for investigation.”

The complainant had filed a private complaint before the Trial Court and the same is numbered as PCR No.224/2019 and in the complaint invoked the offences under Sections 419, 420, 120B and 511 of IPC read with Section 45 of the Advocates Act. In the complaint it is stated that the complainant being an advocate practicing before the Courts of Bangarpet, KGF and all over Kolar District and his Karnataka Bar Council Enrollment number is KAR/2094/1999. This Court would like to extract paragraph No.3 of the complaint which is the sum and substance of the allegation made against the petitioner:

“3. It is further submitted that as per section 24 of Advocates Act and also All India Bar Examination Rules 2010 , whoever provisionally enrolled with State Bar Council of India after 2010, shall pass the ALL INDIA BAR EXAMINATION (AIBE) conducts by ALL INDIA BAR COUNCIL and then only he is eligible to practice. Though the accused person being provisionally enrolled with the Karnataka State Bar Council vide enrollment No.KAR/852/2011, he without passing AIBE Examination as required under law has been practicing before the Bangarapet, KGF and Kolar courts illegally. Though he is not eligible and qualified advocate to practice, he has been practicing intentionally with the motive to commit offence. Thereby he has cheated the Judges, clients, advocate by misrepresentation and also he has committed professional misconduct which is penalize-able offence and the State Bar Council has given an endorsement stating that his name is not forthcoming in the list of AIBE examination passers as such he has committed the offences punishable under sections 419, 420, 120(b), 511 of IPC and also section 45 of Advocates Act.”

In paragraph No.4 of the complaint it is stated that he gave the complaint to the Bangarpet Police Station, who instead of registering the case, issued the NCR No.392/2019 dated 05.10.2019 stating that they have registered as non- cognizable case and hence, he had approached the higher police officers regarding the issuance of NCR. But they did not entertain and hence, complaint is filed before the Court. The matter was referred under Section 156(3) of Cr.P.C. This Court has to take note of the order passed by the Trial Court when the complaint was entertained and an observation is made that the complaint averments were perused along with documents, witness list and affidavit