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2025 DAILYLAW 77357 (KAR)

SUBASHCHANDRA MODI v. SRI TUSHAR GIRINATH

CCC/852/2025 · 2025-11-19

C M Poonacha

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:47676-DB CCC No. 852 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO. 852/2025 BETWEEN: 1. SUBHASHCHANDRA MODI S/O LATE MAHANTAPPA MODI AGED ABOUT 71 YEARS MANAING TRUSTEE AND SOLE TRUSTEE OF PADMABHUSHAN DR M C MODI PUBLIC TRUST AND PADMABHUSHAN DR M C MODI EYE HOSPITAL R/AT DR M C MODI EYE HOSPITAL COMPLEX, NO 701 WEST OF CHORD ROAD MAHALAKSHMIPURAM BENGALURU 560086 …COMPLAINANT (BY SRI. NARAYANA BHAT M, ADVOCATE) AND: 1. SRI TUSHAR GIRINATH THE SECRETARY DEPT. OF HOME VIDHANA SOUDHA BENGALURU 560001 Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47676-DB CCC No. 852 of 2025 2. SRI M A SALEEM THE DG AND IGP GOVT OF KARNATAKA NRUPATHUNGA ROAD BENGALURU 560001 3. SRI SEEMANTH KUMAR SINGH THE COMMISSIONER OF POLICE BANGALORE CITY INFANTRY ROAD BENGALURU 560001 4. SRI. H KRISHNAMURTHY THE ASSISTANT COMMISSIONER OF POLICE 2ND MAIN ROAD, NAGAPURA WEST OF CHORD ROAD STAGE 2 MAHALAKHMIPURAM BENGALURU 560086 5. STATE OF KARNATAKA REP. BY THE SECRETARY MINISTRY OF HOME AFFAIRS VIDHANA SOUDHA DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001 …ACCUSED (BY SRI. NAVEEN CHANDRASHEKAR, AGA) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, WHEREIN PRAYS THAT THE HONBLE COURT BE PLEASED TO ISSUE SUMMONS TO THE ACCUSED AND TRY THEM FOR DISOBEYING AND NON-IMPLEMENTING THE ORDER DATED 08.07.2024 IN WP NO.16381/2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT PRODUCED AT ANNEXURE-J. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:47676-DB CCC No. 852 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) The complainant has filed the present complaint alleging willful disobedience of the order dated 08.07.2024 passed by the learned Single Judge in Writ Petition No.16381/2024, whereby the learned Single Judge has issued directions to the respondents to provide the necessary police protection for administering the subject property in terms of the circular dated 17.03.2021. 2. It is contented on behalf of the learned counsel for the accused that the order dated 08.07.2024, the disobedience to which is alleged, was subsequently modified by an order dated 27.08.2024 passed by the same learned Single Judge in Writ petition No.19980/2024. He submits that subsequently two other writ petitions have been preferred, i.e., Writ Petition Nos.18613/2025 and 13102/2025, whereby the contesting parties have sought interim prayers directing that the accused be restrained from acceding to the complainant's request for grant of - 4 - HC-KAR NC: 2025:KHC:47676-DB CCC No. 852 of 2025 police protection for administrating the trust in question. In the said proceedings the accused has filed a communication dated 22.04.2025 submitting that it has declined to grant any protection during the pendency of disputes before the Civil Court. 3. It is also contended on behalf of the accused that protection to the properties can be granted only in certain specific circumstances. 4. There appears to be some ambiguity as to the orders issued, considering that in Writ Petition No.18613/2025, the Court has neither rejected the contention of the accused nor has made any observations regarding the submission of the accused to the effect that it had declined to provide police protection. Initially, a prayer for police protection was also made in Writ Petition No.13102/2025, but no orders were passed in the said writ petition and the same is pending. 5. Learned counsel for the accused also submits that the accused would seek an appropriate clarification from the Court in the disposed of Writ Petition No.16381/2024. - 5 - HC-KAR NC: 2025:KHC:47676-DB CCC No. 852 of 2025 6. In the given facts, we are unable to accept that there is any willful disobedience of the orders passed by the Court. The complaint is accordingly closed. 7. We clarify that this order will not preclude the complainant from availing his other remedies considering that the accused has declined to provide police protection and/or seek further appropriate orders in the pending writ petitions. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE YKL List No.: 2 Sl No.: 21