Citation : 2023 Latest Caselaw 9373 Kant
Judgement Date : 5 December, 2023
-1-
NC: 2023:KHC-D:14223-DB
CCC No. 100315 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
CIVIL CONTEMPT PETITION NO. 100315 OF 2023 (-)
BETWEEN:
MASTER NANDEESH, S/O RAVIKUMAR SWAMY
HIREMATH, AGE. 16 YEARS,
OCC. STUDENT, SINCE MINOR
REPRESENTED BY NATURAL GUARDIAN
AND BIOLOGICAL FATHER
SHRI. RAVIKUMAR SWAMY,
S/O. MADDANAYYA HIREMATH,
AGE. 55 YEARS, OCC. AGRICULTURE & BUSINESS,
R/O. GOUDARA ONI, COLLEGE ROAD,
WARD NO. 17, KUSHTAGI, KOPPAL-583277.
...COMPLAINANT
(BY SRI. SANTOSH P. PUJARI, ADVOCATE)
AND:
1. SHRI. RAJNEESH GOEL,
Digitally
AGE. 59 YEARS,
signed by
JAGADISH
JAGADISH T R
OCC. ADDITIONAL CHIEF SECRETARY,
TR Date:
2023.12.07
14:35:17 R/O. DEPARTMENT OF HOME AFFAIRS,
+0530
VIDHANA SOUDHA, BENGALURU-560001.
2. SHRI. ALOK MOHAN,
AGE. 57 YEARS,
OCC. THE DIRECTOR GENERAL AND
INSPECTOR GENERAL OF POLICE,
R/O. HEADQUARTERS NO. 2,
NRUPATUNGA ROAD,
BANGALORE-560001, KARNATAKA.
3. SMT. YASHODHA VANTAGODI,
AGE. 39 YEARS,
-2-
NC: 2023:KHC-D:14223-DB
CCC No. 100315 of 2023
OCC. SUPERINTENDENT OF POLICE,
S.P. OFFICE KOPPAL DISTRICT,
R/O. B.T. PATIL NAGAR, ASHOK CIRCLE
KOPPAL, KARNATAKA-583231.
4. SHRI. YASHWANT BISNALLI,
AGE. 59 YEARS, OCC. POLICE INSPECTOR,
R/O. KUSHTAGI POLICE STATION,
KUSHTAGI TALUK, DISTRICT. KOPPAL-583277.
5. SHRI. MUDDURANANGASWAMY,
POLICE SUB INSPECTOR,
R/O. KUSHTAGI POLICE STATION,
KUSHTAGI TALUK, DISTRICT. KOPPAL-583277.
...ACCUSED
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF
CONSTITUTION OF INDIA, 1950, A. PUNISH THE
CONTEMNORS/ACCUSED S FOR WILFULLY DISOBEYING THE
JUDGMENT/DIRECTIONS OF THE HON'BLE APEX COURT IN
CRIMINAL APPEAL NO.1277/2014 DTD 02/07/2014, PASSED IN
THE CASE OF ARNESH KUMAR V/S. STATE OF BIHAR AND
ANOTHER REPORTED IN (2014) 8 SCC 273 VIDE ANNEXURE-A.
THIS CONTEMPT PETITION COMING ON FOR ORDERS, THIS
DAY, S.SUNIL DUTT YADAV J., MADE THE FOLLOWING:
ORDER
Memo for withdrawal has been filed, which reads as
follows:
Herein, the memo on behalf of the Complainant is as under.
1. That, the above Complaint has been filed for violation of judgment/directions passed by the Hon'ble Apex Court in the case of Arnesh Kumar V/s. State of Bihar & Another reported in (2014) 8 SCC 273.
NC: 2023:KHC-D:14223-DB
2. That, after filing of the above Complaint, the Respondents No.3 to 5 have approached the Petitioner had have sought forgiveness and have stated that due to error identity of the petitioner, the Petitioner was asked to join enquiry and enquiry of the Petitioner was neither intentional nor deliberate and the same was due purely error in identity of the Petitioner and hence the Petitioner is intended to withdraw the above Petition with permission of this Hon'ble Court/August Court.
Therefore, it is most humbly prayed that the Petitioner may kindly be permitted to withdraw the above Petition and hereby the above Petitioner (sic) may kindly be dismissed as withdrawn/not pressed, in the interest of justice & equity.
In light of the same, the Contempt Proceedings are
dropped.
Sd/-
JUDGE
Sd/-
JUDGE
PMP
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