Complainants alleged police disobedience of an interim order staying prosecution for forgery of work-completion certificates in a KSRTC tender. The court held the interim order did not crystallise rights while a later final order directing time-bound investigation held the field; no contempt made out and the petition was dismissed.
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NC: 2024:KHC:38854-DB CCC No. 917 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K V ARAVIND
CIVIL CONTEMPT PETITION NO. 917 OF 2024
BETWEEN:
Digitally signed by AMBIKA H B Location: High Court of Karnataka
…COMPLAINANTS
(BY SRI. AMAR CORREA, ADVOCATE)
AND:
NC: 2024:KHC:38854-DB CCC No. 917 of 2024
…ACCUSED
(BY SMT. PRAMODHINI KISHAN, AGA)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURT ACT, 1971, PRAYING TO SUMMON, TRY AND PUNISH THE ACCUSED No.2 & 3 FOR WILFUL DISOBEDIENCE OF THE INTERIM ORDER DATED 21.09.2023 GRANTED BY THIS HONBLE COURT IN CRL.P.NO.8838/2023, AS PER ANNEXURE-A1 & ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA and HON'BLE MR JUSTICE K V ARAVIND
ORAL ORDER
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)
Order dated 21st September 2023 passed by learned
Single Judge in pending Criminal Petition No.8838 of 2023
with I.A. No.1 of 2023, is brought under the contempt jurisdiction. It is an interim order.
learned Single Judge, which was the petition filed by the original complainant.
5.1 Juxtaposing the order brought under the contempt with the aforesaid order dated 30th August 2023, what is to be noted is that the order under contempt in this petition is interim order. Rights of the parties are not finally crystallized. The main proceedings are pending. Order dated 30th August 2023 directs completion of investigation
time bound, which is a final order. It holds the field.
NC: 2024:KHC:38854-DB CCC No. 917 of 2024
It binds the authorities to proceed with the investigation and complete the investigation.
Sd/(N. V. ANJARIA) CHIEF JUSTICE
Sd/(K V ARAVIND) JUDGE
SS
List No.: 1 Sl No.: 6
1 issue framed by the court
Whether the investigating authorities wilfully disobeyed the interim order dated 21.09.2023 in Crl.P.No.8838/2023 so as to constitute contempt.
2 provisions across 1 enactments
Dharshan P.
Ashish Krishnamurthy
The State of Karnataka by Department of Home Affairs
Shankaragouda S Basanagoudar
Vinayak
N. V. Anjaria
K V Aravind
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
