In contempt proceedings under the Contempt of Courts Act, the High Court of Karnataka examined if respondents willfully disobeyed a previous direction. Finding the direction was complied with via an endorsement, the court dropped the proceedings.
Contempt of Court proceedings are dropped by the learned Judge.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
-: 1 :-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF NOVEMBER, 2019
PRESENT
THE HON'BLE MR. JUSTICE ARAVIND KUMAR
AND
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
C.C.C. NO.1475 OF 2019 (CIVIL)
BETWEEN:
DR. R.DAS MOSES S/O M. RAJARATHNAM AGED ABOUT 58 YEARS RESIDING AT NO.439 KASABA HOBLI NEAR BANNUR-MYSORE ROAD MYSORE-570028. ... COMPLAINANT
(BY SRI. R.GEORGE LAZARUS, ADVOCATE)
AND:
-: 2 :-
... ACCUSED
(BY SRI. V.SREENIDHI, AGA FOR A1; SRI. VENKATESH.P. DALWAI, ADVOCATE FOR A2 & A3)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF CONTEMPT OF COURTS ACT, PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING WILLFULLY DISOBEYED THE ORDERS DATED 18.07.2019 IN W.P.NO.29291/2019 OF THE HON’BLE COURT AND PUNISH HIM IN ACCORDANCE WITH LAW AND PASS SUCH OTHER ORDER OR ORDERS DIRECTIONS AS THIS HON’BLE COURT DEEMS FIT TO GRANT.
THIS CCC COMING ON FOR ORDERS THIS DAY, ARAVIND KUMAR . J., PASSED THE FOLLOWING:-
O R D E R
Heard Sri.George Lazarus, learned advocate
appearing for complainant and Sri.Venkatesh P.Dalwai, learned advocate appearing for respondent Nos.2 and 3.
Sri.Sreenidhi, learned Additional Government Advocate has accepted notice for respondent No.1.
-: 3 :-
2. Complainant has alleged that respondents-
accused have willfully disobeyed the orders passed in W.P.No.29291/2019 dated 18.07.2019 (Annexure-A) and as such, have sought for suitable proceedings being initiated against them.
“5. In view of submission made and in the facts of the case, the petition is disposed of with a direction to the competent authority to take action on the complaint filed by the petitioner within a period of two weeks from the date of receipt of certified copy of the order passed today.”
indicate direction came to be issued to the competent authority to take action on the complaint filed by petitioner within a period of two weeks.
-: 4 :-
authority which according to the petitioner as well as the learned advocate appearing for respondent Nos.2 and 3 is 3rd respondent. Complainant claims to have submitted a complaint on 11.06.2019 to the Inspector General of Police, Udayagiri, Mysuru Region. Whereas Sri.Venkatesh P.Dalwai, learned advocate appearing for accused Nos.2 and 3 has made available office copy (photocopy) of the complaint dated 10.04.2019 lodged by petitioner which is addressed to the Deputy Superintendent of Police, Anticorruption Bureau i.e., 3rd respondent herein. Based on said complaint, 3rd respondent has issued an endorsement dated 19.07.2019 intimating the complainant that he would be free to give complaint to Anticorruption Bureau Police Station, Mandya. In other words, direction issued by the learned Single Judge to the competent authority to take action on the complaint filed by the petitioner stands complied by 3rd respondent by
-: 5 :-
issuance of an endorsement dated 19.07.2019. In the event of complainant being aggrieved by said action of 3rd respondent, he would be at liberty to challenge the said endorsement in appropriate proceedings. We do not express any opinion on the contents of the endorsement dated 19.07.2019 and all contentions of both parties are kept open.
proceeding are dropped.
Sd/JUDGE
Sd/JUDGE
Prs*
1 issue framed by the court
Whether Condemned Contempt Court proceedings can be dropped given compliance with previous order.
1 provisions across 1 enactments
State of Karnataka
The Superintendent of Police Anticorruption Bureau
The Deputy Superintendent of Police Anticorruption Bureau
Aravind Kumar
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court