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2024 Supreme(Online)(KAR) 32462
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2024 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9655 OF 2024 (GM-RES)
BETWEEN:
JOE ABRAHAM MATHEWS @ MATHEWS THAZHAT PRASAD S/O T M PRASAD AGED ABOUT 39 YEARS R/AT NO.160, ESTEEM APARTMENTS NO.301, 6TH CROSS ST BED LAYOUT, KORAMANGALA BANGALORE - 560034 …PETITIONER (BY SRI. SAKET BISANI, ADVOCATE)
Dig itally signed by NAGAVENI Location:
HIGH COURT AND:
OF KARNATAKA
1. INDIAN KANOON REP. BY PROPRIETOR: SUSHANT SINHA NO.724, 1ST FLOOR
9TH CROSS, 10TH MAIN ROAD INDIRANAGAR BANGALORE - 560038 WEBMASTER @ INDIANKANOON.COM PROPRIETORSHIP CONCERN
2. BOOMLIVE OUTCUE MEDIA PRIVATE LIMITED
311, PARVATHI INDUSTRIAL ESTATE SUN MILL COMPOUND, LOWER PAREL MUMBAI - 400013, MAHARASHTRA, INDIA GRIEVANCE @ BOOMLIVE.IN REP BY DIYVA CHANDRA PRIVATE LIMITED COMPANY
3. NEW INDIAN EXPRESS EXPRESS NETWORK PRIVATE LIMITED EXPRESS GARDENS, 29, SECOND MAIN ROAD AMBATTUR INDUSTRIAL ESTATE CHENNAI - 600058 TAMIL NADU CONTACT NO: 044-23457601-08 EXTN: 525 EMAIL: rajeshkumar@newindiaexpress.com REP BY EXECUTIVE EDITOR RAJESH KUMAR R PRIVATE LIMITED COMPANY
4. AIRONLINE ALL INDIA REPORTER PVT. LTD.
CONGRESS NAGAR, NAGPUR - 440012 PHONE: +91 830005660 E-MAIL: helpdesk.aironline@gmail.com PRIVATE LIMITED COMPANY RESPONDENT NOS.1 TO 4 REGISTERED UNDER 1956 …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THIS HONBLE HIGH COURTS REGISTRY, TO REMOVE/SEAL THE NAME OF PETITIONER FROM THE CASE TITLED AS JOE ABRAHAM MATHEWS V. STATE BY ELECTRONIC CITY POLICE STATION, IN CRL.P NO.4799/2022 VIDE JUDGEMENT DTD
12.08.2022 AS PER ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking the following prayer:
a. Issue a Writ of Mandamus or any other appropriate writ, directing this Hon'ble High Courts registry, to remove / seal the name of Petitioner from the case titled as Joe Abraham Mathews v. State by Electronic City Police Station, in Crl.P.No.4799 of 2022 vide Judgement dated
12-Aug-2022 as per ANNEXURE-A.
b. Issue a Writ of Mandamus or any other appropriate writ, to the Respondents to mask / seal the name of the Petitioner from their website and various other third parties.
c. Issue a Writ of Mandamus or any other appropriate writ, directing the online court records and Third-party legal records website (intermediaries) to seal / remove the name of the Petitioner from their website.
d. Issue a Writ of Mandamus or any other appropriate writ, to seal the name of the Petitioner even from the present petition.
e. Pass such other writ or order or direction which this Hon'ble court deems necessary for safeguarding Petitioner's dignity including availing Petitioner the Right to be Forgotten in the interest of Justice and equity."
2. The petitioner gets embroiled in an alleged affair with the complainant and when that is broken it becomes a Crime for offences punishable under Section 376, 420 and 406 of the IPC. This Court, in terms of its order dated 15.07.2022 in Crl.P.No.4799/2022 quashed the proceedings against the petitioner by observing that the complainant was in the habit of registering the cases of rape against several men one of the victim was the petitioner. The order has become final. The petitioner is now before this Court seeking a direction to the respondent – Indian Kanoon to mask the name of the petitioner in its database or its achives, as the case would be. Plethora of mails communicated by the petitioner has all gone unheeded and therefore, the petitioner is before this Court, in the subject petition.
3. The order passed by this Court on 15.07.2022 was unequivocal that it was an abuse of process of the law by the complainant, who dragged the petitioner into the web of crime.
4. Learned counsel for the petitioner further submits that in Indian Kanoon, the respondent has also has policy of masking the name and has produced the said policy.
5. In the light of the policy being in place without driving the petitioner to this Court, Indian Kanoon and others ought to have acted upon the mails communicated, as the petitioner being an accused is effaced long ago and is entitled to live in dignity.
6. Therefore, I deem it appropriate to direct all the respondents by issuing a writ in the nature of mandamus to mask the name / details of the petitioner in all database or archive as the case would be, in terms of its policy, without brooking any further delay.
7. With the aforesaid observations, the writ petition stands disposed.
Ordered accordingly.
