Smt Bindu vs Sri Rajendra Cholan
2024 Latest Caselaw 26665 Kant

Karnataka High Court

Smt Bindu vs Sri Rajendra Cholan on 7 November, 2024

Author: K.Somashekar

Bench: K.Somashekar

                                                -1-
                                                         NC: 2024:KHC:44948-DB
                                                            CCC No. 570 of 2022




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 7TH DAY OF NOVEMBER, 2024

                                              PRESENT
                               THE HON'BLE MR JUSTICE K.SOMASHEKAR
                                                AND
                                THE HON'BLE MR JUSTICE RAJESH RAI K
                              CIVIL CONTEMPT PETITION NO. 570 OF 2022
                      BETWEEN:

                      SMT BINDU
                      D/O LATE CHANNABASAPPA
                      AGED ABOUT 39 YEARS
                      R/AT SIDDAMANAHALLI
                      BANGARAKKANAGUDDA
                      KUCHAVANAVANAHALLI POST
                      JAGALUR TALUK
                      DAVANGERE DISTRICT - 577 528.
                                                                ...COMPLAINANT
                      (BY SRI. RAVI SHANKAR K - ADVOCATE)

                      AND:

Digitally signed by   1.    SRI RAJENDRA CHOLAN
HARIKRISHNA V
Location: HIGH
                            MANAGING DIRECTOR
COURT OF                    BANGALORE ELECTRICITY SUPPLY COMPANY
KARNATAKA                   (BESCOM), K R CIRCLE
                            BENGALURU - 560 001.

                      2.    SMT LAKSHMI
                            EXECUTIVE ENGINEER
                            COMMERCE AND DEVELOPMENT DEPARTMENT,
                            C.O. AND M DIVISION BESCOM,
                            DAVANGERE EAST DIVISION,
                            DAVANGERE - 577 002.
                                                                   ...ACCUSED
                      (BY SMT. SUMANA NAGANAND., ADVOCATE FOR A1;
                      V/O DATED:07.11.2024 PETITION AGAINST R2 IS ABATED)
                                    -2-
                                              NC: 2024:KHC:44948-DB
                                                CCC No. 570 of 2022




    THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, PLEASED TO INITIATE
APPROPRIATE CONTEMPT PROCEEDINGS AGAINST THE
ACCUSED PERSONS AND PUNISH FOR HAVING WILFUL
DISOBEDIENCE OF THE ORDER PASSED BY THIS HONBLE
COURT IN WP NO.54006/2017 DATED 23.04.2019.

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

CORAM:      HON'BLE MR JUSTICE K.SOMASHEKAR
            and
            HON'BLE MR JUSTICE RAJESH RAI K


                           ORAL ORDER

(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

Learned counsel Sri.Ravi Shankar K., for

complainant is present before the Court physically.

Similarly learned counsel Ms.Sumana Naganand for

accused is also present.

2. Learned counsel for accused has filed a memo

reporting the death of accused No.2 along with the death

certificate. Memo is taken on record.

3. In view of the memo and as per Section 394 of

Cr.P.C the present contempt proceedings as against

accused No.2 stands abated.

NC: 2024:KHC:44948-DB

4. Learned counsel for accused No.1 further

submitted this Court has decided similar issue in

C.C.No.571/2022 on 24.10.2024. However in the aforesaid

order whereby referring the provisions of Sections 11 and

12 of Contempt of Courts Act as well as Section 20 of

Contempt of Courts Act, the Judgment rendered by

Hon'ble Apex Court in the case of S. Tirupathi Rao Vs.

M. Lingamaiah & Ors. reported in 2024 SCC Online SC

1764 has been referred.

5. Therefore, keeping in view of the submission

made by learned counsel for accused No.1 and also

submission made by learned counsel for complainant as

well as memo which has been filed by the learned counsel,

the present contempt proceedings do not survive for

consideration. Consequently contempt proceedings are

hereby dropped.

NC: 2024:KHC:44948-DB

6. However, accused No.1 namely -Mr.Rajendra

Cholan is present. Consequent to the order rendered

above, accused No.1 is hereby discharged.

Sd/-

(K.SOMASHEKAR) JUDGE

Sd/-

(RAJESH RAI K) JUDGE

SBN