Sri. Sharath Shetty, Vs Uday Kumar Shetty

THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO SECURE THE PRESENCE OF THE ACCUSED AND DEAL WITH HIM IN ACCORDANCE WITH LAW FOR HAVING VIOLATED THE ORDER DATED 05.09.2022, PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN W.P.NO.23773/2021 AS PER ANNEXURE-A & ETC.

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NC: 2025:KHC:791-DB CCC No. 1373 of 2024

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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

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ORAL JUDGMENT

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(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

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The present contempt petition is filed alleging non-compliance of the order dated 05.09.2022 passed by learned Single Judge, whereby the respondents were directed to consider the representation of the petitioner within six weeks from the date of receipt of the certified copy of the order.

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Learned advocate Ms. Asritha Shetty for learned advocate Mr. K.S. Narasimha Rajesh for the complainant, in course of the submissions, submitted that the copy of the said order was served on the authority concerned immediately after passing of the order.

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3 - NC: 2025:KHC:791-DB CCC No. 1373 of 2024

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Section 20 of the Contempt of Courts Act, 1971 reads as under,

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"20. Limitation for actions for contempt.—No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed."

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3.1 Under the aforesaid provision, the contempt proceedings are required to be filed within one year from the date on which the contempt is alleged to have been committed.

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In the present case, the period would start from the date of receipt of the certified copy of the order. Two years have passed since the date when the contempt was liable to be alleged.

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