- 1 - NC: 2025:KHC:783-DB CCC No. 298 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN CCC NO. 298 OF 2024 (CIVIL) BETWEEN: 1. MR. LOHIT S/O MR. MANJUNATH POOJARI, AGED ABOUT 32 YEARS, R/AT NO.1/33/1, SHREE SHIVASHANKARI NILAYA, THUDALLY ROAD, SHIROOR, KUNDAPURA, UDUPI, KARNATAKA-576 228. …COMPLAINANT (BY SRI. VAIBAV M. IYENGAR, ADVOCATE) AND: 1. MR. YOGESH L L AGE NOT KNOWN, FATHER'S NAME UNKNOWN, POLICE SUB-INSPECTOR, BELLANDURU POLICE STATION, SARJAPURA MAIN ROAD, BENGALURU CITY-560 102. …ACCUSED 2. STATE OF KARNATAKA REPRESENTED BY SECRETARY Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:783-DB CCC No. 298 of 2024 HOME DEPARTMENT - VIDHANA SOUDHA, BANGALORE-560 001. ...PROFORMA RESPONDENT (BY SRI. C.S.PRADEEP, AAG A/W SMT. PRAMODHINI KISHAN, AGA) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO TAKE COGNIZANCE OF CIVIL CONTEMPT AGAINST THE ACCUSED HEREIN FOR DISOBEYING, BRINGING DISRESPECT TO THE INTERIM ORDER OF THIS HON'BLE COURT IN W.P.NO.25042/2023 PASSED ON 10.11.2023 (ANNEXURE-A) AND TO ISSUE CONTEMPT NOTICE TO THE ACCUSED AND PUNISH HIM SUITABLY, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:783-DB CCC No. 298 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) It is in respect of the order dated 10.11.2023 passed by learned Single Judge in the proceedings of Writ Petition No.25042 of 2023 which is an interim order the contempt of Court is alleged. 2. The aforesaid order brought under the contempt jurisdiction reads as under, "Learned counsel for petitioner submits that the allegations made in the FIR even accepting on the face of it does not satisfy the essential elements to constitute the commission of offences punishable under Sections 504 and 506 of IPC. Learned HCGP accepts notice for respondent No.1. Issue emergent notice to respondent No.2. Interim order as prayed for till the next date of hearing. I.A.No.1/2023 filed for dispensation is allowed. Hand delivery ordered." 2.1 As per the interim order, further investigation pursuant to the FIR bearing Crime No.0412 of 2023 dated 12.09.2023 registered by - 4 - NC: 2025:KHC:783-DB CCC No. 298 of 2024 respondent No.1 for the alleged offences under Sections 504 and 506 of the Indian Penal Code, 1860, came to be stayed. 3. The allegation in this contempt petition is that notwithstanding the aforesaid stay granted against the further investigation, the respondent-police authorities filed the chargesheet on 28.11.2023 and thereby committed breach of the said order. 4. When the petition came up for consideration today, the compliance affidavit dated 08.01.2025 affirmed by one Mr..Yogesh.L.L., S/o Lingamurthy, stated to be working as Police Sub Inspector, HSR Layout Police Station, Bengaluru City, is filed, in which it is stated that he was incharge of the investigation pursuant to the aforementioned FIR. 4.1 It is further stated that the investigation was completed on 26.11.2023 and that the order of stay dated 10.11.2023 was not known to him until 14.12.2023. It was only on 14.12.2023 as per the case of the respondent that the order was communicated and therefore, without having knowledge of the said interim order, the chargesheet was filed. 4.2 As against the above, the submission of learned advocate for the complainant is that the police officer was sent a whatsapp - 5 - NC: 2025:KHC:783-DB CCC No. 298 of 2024 message, the screenshot of which is produced on record of the petition. 5. About the above, the explanation is coming forth in the affidavit in reply as it is stated the said message was not seen by the officer and the message got deleted every twenty four hours. 6. The explanation is plausible and the Court is inclined to accept the same. 7. In the totality of the facts and circumstances obtaining, this contempt petition is not entertained and disposed of by requesting learned Single Judge to dispose of the main Writ Petition No.25042 of 2023 filed under Section 482 of Code of Criminal Procedure, as expeditiously as possible. Registry is directed to list the said Writ Petition No.25042 of 2023 before learned Single Judge on 20.01.2025. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 34