SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Online)(KAR) 15066

- 1 -

NC: 2023:KHC:33362-DB

CRL.CCC No. 2 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14TH DAY OF SEPTEMBER, 2023

PRESENT

THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE

AND

THE HON'BLE MR JUSTICE KRISHNA S DIXIT

CRIMINAL CONTEMPT PETITION NO. 2 OF 2023

BETWEEN:

HIGH COURT OF KARNATAKA,

REPRESENTED BY THE REGISTRAR GENERAL,

BENGALURU - 560 001.

…COMPLAINANT

(BY SRI. SWAROOP KUMAR.,HCGP)

AND:

DR BEERE NAGARAJU

S/O. SRI. B VENKATANARAYANA, CHIEF

PHARMACIST, RAILWAY HOSPITAL,

SOUTH WESTERN RAILWAY,

BENGALURU- 560 023.

R/AT NO. 99, EWS, 1ST STAGE,

2ND-B-MAIN ROAD, YELAHANKA NEW TOWN,

BENGALURU - 560 064.

…ACCUSED

(BY SRI.DR.BEERE NAGARAJU.,PARTY IN PERSON)

THIS CRL.CCC FILED U/S 15 OF THE CONTEMPT OF

COURTS ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION

OF INDIA BY THE REGISTRAR GENERAL, HIGH COURT OF

KARNATAKA PRAYING TO INITIATE (SUO-MOTU) CRIMINAL

CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED

Digitally signed

by SHARADA

VANI B

Location:

HIGH COURT

OF

KARNATAKA

- 2 -

NC: 2023:KHC:33362-DB

CRL.CCC No. 2 of 2023

HEREIN DR. BEERE NAGARAJU, S/O SRI B.VENKATANARAYANA,

CHIEF PHARAMACIST, RAILWAY HOSPITAL, SOUTH WESTERN

RAILWAY, BENGALURU - 560 023, RESIDING AT NO.99, EWS,

1ST STAGE, 2ND B MAIN ROAD, YELAHANKA NEW TOWN,

BENGALURU - 560064, UNDER THE CONTEMPT OF COURTS

ACT, 1971 AND TO PUNISH HIM IN ACCORDANCE WITH LAW.

THIS CRL.CCC COMING ON FOR FRAMING OF CHARGES

THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

1.

These criminal contempt proceedings were initiated

suo moto against the respondent/accused for alleged act

that amounted to lowering the Authority of Court and

therefore, notice was ordered on him for the offence of

contempt of Court punishable under Section 11 of the

Contempt of Courts Act, 1971.

2.

After service of notice the accused having appeared

before

the

Court

had

filed

"SELF

EXCLAMATORY

STATEMENT"

on

10.04.2023

in

effect

denying

the

allegation stating that he has been brought up in a

traditional family. This day, when we were about to frame

- 3 -

the charges, he has filed an COMPLIANCE AFFIDAVIT

(wrongly nomenclatured) which reads as under:

"I, DR.BEERE NAGARAJU, S/o Sri B.

Venkatanarayana,

aged

about

50

years,

presently working as Chief Pharmacist, Railway

Hospital, South Western Railway, Bengaluru, do

hereby solemnly affirm and state on oath as

follows:-

1.

I state that with regard to the Suo-

moto Criminal Contempt proceedings against me

in view of contemptuous act of violating the

decorum/decency and sanctity of this Hon'ble

Court during the virtual Court proceedings on

18.01.2023

at

14.38

hours

by

me

was

unintentional and due to technical inadvertence.

I

profusely

apologise

for the inadvertence

behaviour. I have the highest respect and

regard for the highest Court of Appeal in the

State of Karnataka and hence, I tender my

unconditional apology.

2.

I state that I am law abiding citizen

working in the Indian Railway since the last 22

years that there has been no dereliction in duty

by me in all these years of my service.

3. Therefore, I state that in view of the

inadvertence during the virtual proceedings on

18.01.2023

and

my

unconditional

apology

rendered, it is humbly prayed for this Hon'ble

Court

to

drop

the

Criminal

Contempt

Proceedings.

4.

I hold this Hon'ble Court in highest

esteem and shall adhere to all the directions

issued by this Hon'ble Court.

- 4 -

WHEREFORE, I humbly request and submit

that

this

Hon'ble

Court

in

view

of

my

unconditional apology herein, be pleased to drop

the above Criminal Contempt Proceedings in the

interests of justice and equity."

3.

Having heard the matter and having perused the

records, we are inclined to accept the unconditional

apology tendered by the respondent/accused who is

present before the Court. We have noted that he has put

in a spotless service of more than two decades in the

Railway Department and that he is progression in career

should not be affected, in any way. There is no legal or

factual impediment for dropping these proceedings on the

basis of the apology tendered.

In view of the above, this suo moto complaint of

contempt is disposed off. Notice is discharged.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

cbc

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top