IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SANJEEV SACHDEVA, CHIEF JUSTICE &

HON'BLE SHRI JUSTICE VINAY SARAF MISC. PETITION No. 798 of 2023 DOCTOR SHANKARLAL VAGVAN Versus SHRIMAN VIJAY GEHLOT SAHEB AND OTHERS Appearance:

Petitioner appeared in person.

Reserved on : 08.01.2026. Pronounced on : 19.01.2026 -------------------------------------------------------------------------------------------------

ORDER Per: Justice Vinay Saraf.

1. The instant Misc. Petition is preferred by the petitioner, who is a practicing Lawyer, under Article 227 of the Constitution of India against Judicial Officers and several Lawyers seeking action against them for commission of offence of defamation etc.

2. Heard the petitioner on the question of admission.

3. The instant Misc. Petition is not arising out of any proceedings pending or decided by any Court or Tribunal. The petitioner has alleged in the petition that when the petitioner was conducting a trial of S.T. No.120/2021 (State of M.P. through Police Station Chandpur vs. Karan Singh) on 04.04.2022 in the Court of II Additional Sessions Judge, Alirajpur, as a legal aid counsel, the AGP refused to accept his application and asked him to affix the stamp and when the petitioner submitted that as the accused is in jail the court fees is exempted, AGP and some other Lawyers started altercation with the petitioner and in this way interfered in the court proceedings. It is alleged in the petition that Mr. Anoop Sharma Advocate forcibly took the petitioner out of the court room, however, none of the Lawyers were party in that criminal case. Thereafter, these Lawyers submitted an application to the Bar Association, Alirajpur for suspension of the membership of the petitioner and consequently the membership of the petitioner was suspended. The respondent Lawyers signed on the proposal and therefore, they all are guilty of commission of offence of defamation.

4. As per the petition, Bar Association, Alirajpur issued a show cause notice to the petitioner on 08.04.2022, which was duly replied by the petitioner. However, without affording any opportunity of hearing to the petitioner, he was expelled from the membership of Bar Association. It is alleged that learned Sessions Judge, Alirajpur passed an order on 09.04.2022 to correct the order dated 04.04.2022 passed in Special Case No.11/2021, whereas the court was not having any authority to do so. The petitioner requested the District Judge, Alirajpur to appoint the petitioner as Member in the Lok Adalat to act as Conciliator but he was not appointed by the District Judge and respondents Mr. Masood Akhtar Qureshi and Imtiaz Khan were appointed as Member of Lok Adalat, in this way the petitioner has been defamed. In some of the courts, petitioner was compelled to affix the stamps on Power of Attorney/Vakalatnama and the application filed by the petitioner to further cross examination was also dismissed. Upon the aforesaid allegations, the present petition is filed seeking action against the respondents for violation of the provisions of Article 15, 15 (1), 13 (2), 14, 21A, 21 of the Constitution of India and Sections 500, 503 and 506 of IPC and to punish the respondents.

5. The petitioner vehemently argued the matter and submitted that though he is highly educated and qualified, his qualifications were ignored by the District Judge, Alirajpur and less meritorious persons were appointed as Member/Conciliator in Lok Adalat and in this way the District Judge has insulted the petitioner by not appointing him as a Member. He further submits that the Lawyers of Bar Association, Alirajpur have committed offence of defamation by expelling the petitioner from the Membership of Bar Association, Alirajpur, whereas the petitioner has not committed any wrong and the members of Bar Association, Alirajpur themselves indulged in altercation with the petitioner in the court room on the question of affixing stamps upon Power of Attorney/Vakalatnama.