Karnataka High Court
Suo Motu vs Sri. N M Mallesh on 23 July, 2021
Author: Chief Justice Govindaraj
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JULY, 2021
PRESENT
THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SURAJ GOVINDARAJ
CRL.CCC NO.4 OF 2021
BETWEEN:
SUO MOTU
... COMPLAINANT
(BY SRI PRABHULING K.NAVADGI, ADVOCATE GENERAL
A/W SRI VIJAYA KUMAR A PATIL, AGA [ASSISTED THE
HON'BLE COURT])
AND:
1. SRI N M MALLESH
PRESIDENT
BAR ASSOCIATION
COURT COMPLEX
MALAVALLI
2. SRI P S RAJENDRAKUMAR
VICE PRESIDENT
BAR ASSOCIATION
COURT COMPLEX
MALAVALLI
3. SRI K S MANJUNATH
GENERAL SECRETARY
BAR ASSOCIATION
COURT COMPLEX
MALAVALLI
4. J. NAGARATHNA
JOINT SECRETARY
BAR ASSOCIATION
COURT COMPLEX, MALAVALLI
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5. SRI D CHANDRASHEKARAPPA
TREASURER
BAR ASSOCIATION
COURT COMPLEX
MALAVALLI
6. H V PRIYA
EXECUTIVE COMMITTEE MEMBER
BAR ASSOCIATION
COURT COMPLEX
MALAVALLI
7. SRI V M MALLAPPA
EXECUTIVE COMMITTEE MEMBER
BAR ASSOCIATION
COURT COMPLEX
MALAVALLI
8. SRI T SRINIVASA
EXECUTIVE COMMITTEE MEMBER
BAR ASSOCIATION
COURT COMPLEX
MALAVALLI
9. SRI THANDAVAMURTHY
EXECUTIVE COMMITTEE MEMBER
BAR ASSOCIATION
COURT COMPLEX
MALAVALLI
10. SRI PUTTAMADU
EXECUTIVE COMMITTEE MEMBER
BAR ASSOCIATION
COURT COMPLEX
MALAVALLI
11. M PUSHPALATHA
EXECUTIVE COMMITTEE MEMBER
BAR ASSOCIATION
COURT COMPLEX
MALAVALLI
... ACCUSED
(BY SRI H. PAVAN CHANDRA SHETTY, ADVOCATE)
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THIS CRL.CCC IS FILED UNDER SECTION 15 OF THE
CONTEMPT OF COURTS ACT, 1971 READ WITH ARTICLE
215 OF THE CONSTITUTION OF INDIA PRAYING TO
INITIATE (SUO MOTU) CRIMINAL CONTEMPT OF COURT
PROCEEDINGS AGAINST THE ACCUSED HEREIN UNDER
THE CONTEMPT OF COURTS ACT, 1971 AND TO PUNISH
THEM IN ACCORDANCE WITH LAW.
THIS CRIMINAL CONTEMPT PETITION COMING ON
FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE
FOLLOWING:
JUDGMENT
The learned counsel appearing for the accused
has invited our attention to the affidavit dated 15th July
2021 filed by Sri K.S.Manjunath S/o Late K.Sridar, who
is the General Secretary of Malavalli Bar Association.
2. We have perused the said affidavit. In the
first paragraph of the affidavit it is stated that he is
filing the said affidavit for himself and on behalf of the
other accused. He has further stated that all the
accused have authorised him to file the said affidavit.
He has mentioned the names of all the accused in
paragraph 2 of the affidavit. In paragraph 9, he has
tendered an unconditional apology. Naturally, the
apology is for himself and on behalf of all the other
accused. What is important is his statement on oath
made in paragraph 10, which reads thus:
"10. I submit that I shall abide by the
Judgment of the Hon'ble Apex court in the
matter of Ex-Captain Harish Uppal v/s
Union of India and Others reported in
(2003) 2 SCC 45 and Krishnakant
Tamrakar v/s State of Madhya Pradesh
reported in (2018) 17 SCC 27 and assure
that there shall not be any boycott of
courts henceforth."
3. From the said affidavit it appears that the
accused have realised their mistake and they have
tendered an unconditional apology for abstaining from
the Court work. The apology deserves to be accepted
especially, in view of the undertaking given in
paragraph 10 of the said affidavit by all the accused.
4. Accordingly, we accept the unconditional
apology tendered by all the accused and accept the
undertaking recorded in paragraph 10 of the affidavit
of Sri K.S.Manjunath dated 15th July 2021 as
undertaking given by all the accused. In view of the
apology and the undertaking, no further action under
the Contempt of Courts Act, 1971 is warranted.
Accordingly, the notice of contempt issued to the
accused stands discharged and the criminal contempt
petition is disposed of.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
SN
