ABDUL RAHMAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings in C.C.No. 5724 of 2022 pending on the file of Chief Metropolitan Magistrate, Egmore, Chennai thereby having been taken cognizance for the offences under Ss. 143, 186, 188, 189, 294(b), 341, 353, 506(i) and 509 of IPC and Sec. 3 of the Tamil Nadu Public Property Desertion Act, 1992.

(2.) It is the case of the petitioners that on 20/11/2015 , the 1 st accused is said to have protested stating that one male CISF Personnel in civil dress has video graphed a lady advocate when she was being frisked in the booth. It is further alleged that at 4.00 p.m. on the same day, the group of advocates is said to have assembled and scolded the CISF Personnel with unparliamentary words.

(3.) It is the further case of the petitioners that totally there are 9 accused and the petitioners arrayed as A1 to A5, A7 to A9. As per the complaint, the occurrence alleged said to have taken place on 20/11/2015, but the second respondent lodged the complaint only on 22/11/2015. There is no explanation by the second respondent for the delay in lodging the complaint. After the period of seven years from the date of registration of F.I.R, the first respondent filed final report before the learned Chief Metropolitan Magistrate, Egmore, Chennai. Based on the said complaint, the disciplinary proceedings were initiated by the Bar Council of Tamilnadu and Puducherry as against the accused for professional misconduct and subsequently transferred to the Special Disciplinary Committee, Bar Council of Karnataka. Ultimately, the Special Disciplinary Committee, Bar Council State of Karnataka passed final order dtd. 20/11/2016 holding that the petitioners herein guilty of professional misconduct and suspended them from practice as advocate for a period of one year from the date of order. Aggrieved by the same, the petitioners have preferred an appeal in D.C.Nos.87 of 2026 & etc batch, before the Bar Counsel of India. Pursuant to the same, the Bar Council of India vide order dtd. 14/4/2018 to set aside the order passed by the Special Disciplinary Committee, Karnataka State of Bar Council. The relevant portion of the said order passed by the Disciplinary Committee of the Bar Council of India, is extracted hereunder :-