Dismissed

Sri. Chandramouleshwara Shivacharya Swamigalu Mathadhipathi v. G. K. Mithun Kumar, Ips.

Karnataka HC13 Aug 2024CCC/378/2024

Case brief

AI extract

What is this about?

Police and State officials faced a contempt petition for allegedly failing to provide court-mandated police protection. The court noted pending interim orders restricted police action, finding no disobedience to dismiss the petition.

What did the court decide?

The contempt petition was disposed of as the contempt does not survive in view of the interim restraint orders.

Sri. Chandramouleshwara Shivacharya Swamigalu… — Contempt of Court | Karnataka HC (2024)

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NC: 2024:KHC:32531-DB CCC No. 378 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF AUGUST, 2024

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PRESENT

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THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE

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AND

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THE HON'BLE MR. JUSTICE K. V. ARAVIND

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CIVIL CONTEMPT PETITION No. 378 OF 2024

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BETWEEN:

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SRI CHANDRAMOULESHWARA SHIVACHARYA SWAMIGALU, MATHADHIPATHI, SRI RAMALINGESHWARA MUTT, AGED ABOUT 54 YEARS, HARANAHALLI, SHIVAMOGGA TALUK-577201, NOW CAMP AT No.92/10, 12^TH ‘C’ MAIN, 6^TH BLOCK, RAJAJINAGAR, BENGALURU-560010.

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Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka

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(BY SRI H. R. VISHWANATH, ADVOCATE)

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AND:

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…COMPLAINANT

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G. K. MITHUN KUMAR, IPS., SUPERINTENDENT OF POLICE, SHIVAMOGGA DISTRICT, SHIVAMOGGA-577201.

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SRI SURESH, THE CIRCLE INSPECTOR OF POLICE, SHIVAMOGGA DISTRICT, SHIVAMOGGA-577201.

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2 - NC: 2024:KHC:32531-DB CCC No. 378 of 2024

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SRI BASAVARAJ, THE STATION HOUSE OFFICER, KUMSI POLICE STATION, KUMSI, SHIVAMOGGA TALUK-577416.

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GURUBASAIAH @ VISHWARADHYA, S/O SHARANABASAIAH HIREMATH, AGED ABOUT 49 YEARS, HARNAHALLI, SHIVAMOGGA-577416.

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…ACCUSED

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STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU-560001.

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...PROFORMA RESPONDENT

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(BY SMT. PRAMODHINI KISHAN, AGA FOR A1 TO A3; SRI GANESH GOWDA, ADVOCATE FOR SRI GANAPATHI BHAT VAJRALLI, ADVOCATE FOR A4)

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANT PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR THEIR WILLFUL AND DELIBERATE DISOBEDIENCE OF THE ORDER DATED 05.01.2024 IN W.P.No.27234/2023 (GM-POLICE) PASSED BY THIS HON’BLE COURT, AS PER ANNEXURE-B AND PUNISHED ACCUSED PERSON IN ACCORDANCE WITH LAW AND ALSO AWARD COST OF THIS PROCEEDINGS.

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THIS CCC COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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3 - NC: 2024:KHC:32531-DB CCC No. 378 of 2024

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and

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HON'BLE MR. JUSTICE K. V. ARAVIND

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE K.V. ARAVIND)

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This contempt petition is filed under Sections 11 and 12 of

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the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India alleging non-compliance and disobedience of the order dated 05.01.2024 in Writ Petition No.27234 of 2023.

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This Court in Writ Petition No.27234 of 2023 has issued the

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following direction,

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“ Therefore, the respondent-jurisdictional Police shall cause such Police protection to the petitioner in the event of need, strictly in terms of the Circular issued by the Government on 14.11.2018, with particular reference to Clause 5 thereof.”

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It is the contention of the complainant that the direction

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issued to extend police protection to the petitioner is not complied.

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The respondent/accused No.3-Inspector of Police has filed

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counter affidavit dated 05.07.2024 along with the interim orders

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NC: 2024:KHC:32531-DB CCC No. 378 of 2024

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passed by learned Single Judge in Review Petition No.60 of 2024.

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The following interim order is passed on 01.03.2024,

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“ Accepting the submission of the learned counsel for the petitioner, office objection stands overruled.

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List this matter on 04.03.2024 in the fresh matters list.

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The petitioner shall serve upon the counsel, who represented the petitioner in W.P. No. 27234/2023.

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The respondent – Police is retrained from precipitating, till the next date of hearing.”

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The interim order dated 01.03.2024 is extended from time to time. It is stated that in view of the interim order in the Review Petition, the direction issued in Writ Petition No.27234 of 2023 could not be complied.

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This Court in Writ Petition No.27234 of 2023 has directed the Inspector of Police to extend police protection to the petitioner. Respondent No.5 in the writ petition has preferred Review Petition No.60 of 2024. This Court by order dated 01.03.2024 has passed the interim order restraining the police from precipitating. The restraint order is in operation.

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5 - NC: 2024:KHC:32531-DB CCC No. 378 of 2024

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In view of the direction issued in the order dated 05.01.2024

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has been subjected to restraint orders in Review Petition No.60 of 2024, for the present it cannot be said that there is any violation or disobedience of the order dated 05.01.2024.

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In the above stated circumstances, the contempt does not survive for consideration. Accordingly, the contempt petition is disposed of.

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Sd/- (N. V. ANJARIA) CHIEF JUSTICE

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Sd/(K. V. ARAVIND) JUDGE

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List No.: 1 Sl No.: 49

Sri. Chandramouleshwara Shivacharya Swamigalu Mathadhipathi v. G. K. Mithun Kumar, Ips.

Case brief

What is this about?

What did the court decide?

Sri. Chandramouleshwara Shivacharya Swamigalu Mathadhipathi v. G. K. Mithun Kumar, Ips.

Case brief

What is this about?

What did the court decide?

What the court decided

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