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2025 DAILYLAW 22116 (KAR)

SMT. REKHA BASAVARAJ MUTHATHI v. B.G. KRISHNA MURTHY

CCC/416/2023 · 2025-01-27

K Somashekar, Venkatesh Naik T

Contempt Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:3807-DB CCC No. 416 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO.416 OF 2023 BETWEEN: SMT. REKHA BASAVARAJ MUTHATHI W/O. LATE BASAVARAJ MUTHATHI AGED ABOUT 30 YEARS R/AT GUDADINNI VILLAGE MUDDEBIHAL TALUK VIJAYAPURA DISTRICT - 586 212. …COMPLAINANT (BY SRI PRANEETH G. N., ADVOCATE) AND: B. G. KRISHNA MURTHY ASSISTANT EXECUTIVE ENGINEER BESCOM OFFICE PAVAGADA - 572 202. …ACCUSED (BY SMT. SWAMINI G. MOHANAMBAL, ADVOCATE) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, BY THE COMPLAINANT, WHEREIN SHE PRAYS TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED AND PUNISH THE ACCUSED FOR GROSS DISOBEDIENCE OF THE ORDER DATED 25.1.2023 PASSED IN W.P. NO.17187/2022 BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT. THIS CCC, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3807-DB CCC No. 416 of 2023 CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt proceedings has been initiated by the complainant against the accused for dis-obedience of the order dated 25.01.2023 passed by learned Single Judge in W.P.No.17187/2022, wherein the learned Single Judge had disposed of the petition reserving liberty to the petitioner therein to appear before the third respondent with the documents as sought for in the Communication dated 24.06.2022 on 20.02.2023 calling upon the third respondent to take note of the same and pass suitable orders within six(6) weeks from the date of said order. However, since the said order has not been complied, the present contempt is filed. 2. Learned counsel Smt. Aparnitha, representing Smt. Swamini G. Mohanambal, for the accused/respondent has filed compliance affidavit dated 07.07.2023 filed by - 3 - NC: 2025:KHC:3807-DB CCC No. 416 of 2023 the accused, wherein, at para 6 of the compliance affidavit, it is stated that the Superintending Engineer(EI) O & M, Circle BESCOM, Tumkur, after consideration of the representation given by the complainant has issued an endorsement dated 25.05.2023 to the complainant, wherein the representation of the complainant seeking for appointment on compassionate ground has been rejected on the ground that the husband of the complainant- Sri Basavaraj Muthathi had furnished fake ITI Course marks card and secured appointment as Assistant Lineman-ITI. Copy of the endorsement dated 25.05.2023 is produced herein at Annexure-R2. However, in the given facts and circumstances of the case, learned counsel for the complainant seeks for liberty to approach the Court, if need be. 3. Therefore, keeping in view the detailed compliance affidavit filed by the accused/respondent, it is deemed appropriate that the contempt proceedings do not survive - 4 - NC: 2025:KHC:3807-DB CCC No. 416 of 2023 for consideration and accordingly, contempt proceedings are hereby dropped with liberty as sought for. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 2 Sl No.: 6