Authority: High Court of Karnataka, Bengaluru

Order Date: 17 October 2026

Case Overview

  • Parties: petitioner M. Prasanna Kumar vs State of Karnataka, complainant Sri N. Narayanappa, and State Bar Council of Karnataka.
  • Petition filed under Section 482 of the Cr.P.C. seeking quash of PCR No.224/2019, which alleged offences under IPC sections 419, 420, 120B, 511 and Section 45 of the Advocates Act for practising without clearing the All India Bar Examination (AIB).
  • Core issues: (i) applicability of criminal jurisdiction for alleged illegal practice, (ii) locus standi of the complainant to file a criminal complaint without first approaching the Bar Council, and (iii) whether the court can invoke its inherent powers under Section 482 Cr.P.C.
  • The Court examined statutory provisions of the Advocates Act, the All India Bar Examination Rules 2010, relevant judgments of the Supreme Court and various High Courts, and the responsibilities of the State Bar Council, concluding that the complaint was maintainable and criminal jurisdiction was appropriate.

Final Outcome

  • The criminal petition is dismissed.
  • The jurisdictional police are permitted to proceed with investigation under Section 156(3) of the Cr.P.C. and submit their report to the trial court expeditiously.
  • The Karnataka State Bar Council is directed to:

1. Establish a mechanism to identify advocates with provisional enrollment who have not passed the AIB exam within two years.

2. Maintain a digital record of enrollment dates and expiry periods.

3. Track and publish a list of suspended advocates.

4. Automate notifications of expiry of the two‑year period.

5. Initiate immediate action against advocates practising illegally.

6. Verify AIB results with the Bar Council of India and maintain integrated enrollment records.

7. Conduct periodic reviews to identify non‑compliant advocates.

8. Provide affected advocates an opportunity to be heard before action.

9. Determine final entitlement to practice after clarification of discrepancies.

10. Send a copy of this order to the State Bar Council for compliance.

11. Report back to the Court on the mechanism within 45 days.

  • The matter is listed for further hearing on 30 November 2026.

Topics: Legal Profession Regulation, Criminal Procedure