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2024 Supreme(Online)(Kar) 43947
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2024 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9286 OF 2024 (GM-RES)
BETWEEN:
JOE ABRAHAM MATHEWS @
MATHEWS THAZHATH 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 – 560 034.
…PETITIONER (BY SRI.SAKET BISANI, ADVOCATE)
AND:
1. INDIAN KANOON REP. BY PROPRIETOR: SUSHANT SINHA NO.724, 1ST FLOOR Digitally signed 9TH CROSS, by NAGAVENI 10TH MAIN ROAD Location : HIGH INDIRANAGAR COURT OF BANGALORE - 560038 KARNATAKA WEBMASTER @ INDIANKANOON.COM REP BY PROPRIETOR: SUSHANT SINHA.
2. ETV BHARAT A DIVISION OF USHODAYA ENTERPRISES PVT LTD., RAMOJI FIL CITY, R. R. DIST., HYDERABAD – 501 512 – TELANGANA.
CONTACT NO: 08415246555 EMAIL: CONTACTUS@ETVBHARAT.COM.
3. LOKMAT MEDIA PRIVATE LIMITED
1301/2, LODHA SUPREMUS, DR E MOSES ROAD, WORLI CIRCLE MUMBAI – 400 018, INDIA.
CONTACT NO.9122224820000/1/2/3/4/5 EMAIL:CORPORATE@LOKMAT.COM REP BY ITS MANAGING DIRECTOR.
4. LATESTLY MEDIA PVT. LTD., RAHEJA DISTRICT I, B3 AND B4, RICC, PLOT GEN-2/1/B, D BLOCK, T.T.C., INDUSTRIAL AREA JUNIGAN, NAVI MUMBAI, MAHARASTRA – 400 706 CONTACT NO.912262560000 EMAIL:ADMIN@LATESTLY.COM REP BY ITS MANAGING DIRECTOR.
5. NEW INDIAN EXPESS EXPRESS NETWORK PRIVATE LIMITED EXPRESS GARDENS, 29, SECOND MAIN ROAD AMBATTUR INDSUTRIAL ESTATE, CHENNAI – 600 058 (TAMIL NADU)
EMAIL:RAJESHKUMAR@NEWINDIANEXPRESS.COM REP BY EXECUTIVE EDITOR:
RAJESH KUMAR R.
6. LAWSISTO PVT. LTD., NOVEL OFFICE CENTRAL 8/2, YELLAPA SHETTY LAYOUT OFF MG ROAD, ULSOOR ROAD, BENGAURU – 560 042, KARNATAKA.
CONTACT NO.09632247247 EMAIL:OPERATIONS@LAWSISTO.COM.
7. CASEMINE PVT. LTD., 2102-2103 EXPRESS TRADE TOWER 2, SECTOR 132, NOIDA, UTTAR PRADESH – 201 301.
SUPPOR@CASEMINE.COM REP BY ITS MANAGING DIRECTOR.
8. LIVELAW PVT. LTD., 3RD FLOOR, BHAGEERATHA RESIDENDCY, BANERJEE ROAD ERNAKULAM, NORTH COCHIN, KERALA – 682 018.
CONTACT NO.917018931870, 917994869913 INFO@LIVELAW.IN.
REP BY ITS MANAGING DIRECTOR.
9. LEXTECHUSUTE ALIAS LAWYERSERVICES, NO 17, COSMOS COMMERCIAL CENTER, KHAR WEST, MUMBAI – 400 052.
CONTACT NO.9930001321/919930002829 EMAIL:INFO@LAWYERSERVICES REP BY ITS MANAGING DIRECTOR.
…RESPONDENTS THIS W.P. IS FILED PRAYING TO DIRECT THIS HONBLE HIGH COURT 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.2751/2022 VIDE JUDGEMENT DTD.15.07.2022 AS PER ANNX-A 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.2751 of 2022 vide Judgement dated
12-08-2022 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. 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 506 of the IPC. This Court, in terms of its order dated 12.08.2022 in Crl.P.No.2751/2022 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 12.08.2022 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.
