In C.C.C.No.803 of 2020, the High Court of Karnataka dealt with a contempt petition filed under the Contempt of Courts Act. The complainant sought to withdraw the petition after the court expressed lack of inclination to initiate action.
The contempt petition and pending interlocutory application were disposed of.
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 AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2021
PRESENT
THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM
C.C.C.NO.803 OF 2020 (CIVIL)
BETWEEN:
S/O LATE K.J. BORALINGEGOWDA AGED ABOUT 60 YEARS R/AT TALUK OFFICE ROAD KRISHNARAJAPETE TOWN KRISHNARAJAPETE TALUK MANDYA DISTRICT - 571 426.
S/O LATE K.J. BORALINGEGOWDA AGED ABOUT 52 YEARS R/AT T.B. BADAVANE MYSURU ROAD KRISHNARAJAPETE TOWN KRISHNARAJAPETE TALUK MANDYA DISTRICT - 571 426.
KRISHNARAJAPETE TOWN KRISHNARAJAPETE TALUK MANDYA DISTRICT - 571 426.
AND:
... ACCUSED
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANT, WHEREIN HE PRAYS THAT THE HON'BLE COURT BE PLEASED TO INITIATE THE CONTEMPT PROCEEDINGS AGAINST THE RESPONDENTS/ACCUSED HEREIN FOR COMMITTING BREACH OF THE ORDER DATED 16.04.2020 PASSED BY THIS HON'BLE COURT IN PUBLIC INTEREST W.P.NO.6435/2020 AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW FOR HAVING COMMITTED AN ACT OF BREACH OF THE ORDER OF THIS HON'BLE COURT WILLFULLY AND DELIBERATELY AND ETC.
THIS CCC COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
When this Court made it clear that it is not inclined to initiate action under the Contempt of Courts Act, 1971, the learned counsel appearing for the complainants seeks permission to withdraw the contempt petition. He states that he has already filed a substantive proceedings.
Accordingly, the contempt petition is disposed of.
The pending interlocutory application does not survives
for consideration and stands disposed of.
Sd/CHIEF JUSTICE
Sd/JUDGE
CA
2 issues framed by the court
Whether to initiate contempt proceedings or allow withdrawal of the petition.
Whether the pending interlocutory application requires disposition.
2 provisions across 2 enactments
Sri. K.B. Eshwaraprasad and others
B.C. Shivanandamurthy and others
Abhay S. Oka
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
