Single judge order in criminal contempt proceedings. The court examined the accused respondent's affidavit denying any order to close the complainant's club or disobedience of the earlier writ order. Finding no reasons to proceed, the court dropped the contempt proceedings.
Contempt proceedings are dropped.
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.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 3rd DAY OF MARCH 2020
PRESENT
THE HON’BLE MRS. JUSTICE S.SUJATHA
AND
THE HON’BLE MS. JUSTICE JYOTI MULIMANI
CCC NO.100028 of 2020
BETWEEN:
THE ROYAL SPORTS & RECREATION CLUB, HABIB BUILDING, AMBEDKAR NAGAR, CHANNAPET, OLD HUBBALLI HUBBALLI, DIST : DHARWAD, BY ITS PRESIDENT KAREEMSAB S/O.SAYYED BALLARY, AGE : 33 YEARS,OCC : BUSINESS, R/O : CHANNAPET, OLD HUBBALLI, HUBBALLI, DIST : DHARWAD 580 007
... COMPLAINANT
(BY SRI. DINESH M. KULKARNI, ADVOCATE)
AND:
R. DILEEP, THE COMMISSIONER OF POLICE HUBBALLI-DHARWAD, NAVANAGAR-580025 HUBBALLI, DIST: DHARWAD
... ACCUSED
(BY SRI. G.K. HIREGOUDAR, GA)
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THIS CCC IS FILED UNDER SECTIONS 11 & 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W ARTICLE 215 OF CONSTITUTION OF INDIA, PRAYING TO PUNISH THE ACCUSED FOR VIOLATING THE ORDER DATED 05.03.2018 PASSED IN WP. NO.101513/2018 VIDE ANNEXUREA IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CCC COMING ON FOR ORDERS THIS DAY, S.SUJATHA, J., MADE THE FOLLOWING:
ORDER
This contempt petition is filed by the complainant alleging willful disobedience of the order dated 05.03.2018 passed in Writ Petition No.101513 of 2018.
Court in Writ Petition No.101513 of 2018 seeking a direction to the accused and other authorities not to insist upon the complainant to obtain licence for conducting the recreation activities in a lawful manner. The writ petition came to be disposed off with certain observations. It is the contention of the complainant-petitioner that
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the accused-respondent has violated the
direction issued by this Court and is interfering with the activities of the complainant. Hence, seeks for invoking contempt proceedings against the accused.
respondent has filed an affidavit along with an endorsement dated 29.02.2020 whereby it is submitted that no order either oral or in writing
has been issued by the police officers to close the complainant’s recreation club and no disobedience of the order of this Court in W.P. No.101513 of 2018 is committed by the accused.
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reasons to proceed further with the contempt proceedings.
Hence, contempt proceedings are dropped.
Sd/JUDGE
Sd/JUDGE
kmv
2 issues framed by the court
Whether to proceed with contempt proceedings for alleged violation of a court order.
Whether the accused police officer willfully disobeyed the direction passed in W.P. No. 101513 of 2018.
2 provisions across 2 enactments
THE ROYAL SPORTS & RECREATION CLUB
R. DILEEP
S. SUJATHA
JYOTI MULIMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
