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2022 Supreme(Online)(Kar) 51853
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.22994 OF 2021 (GM-RES)
BETWEEN:
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... PETITIONER
(BY SRI VIKAS M., ADVOCATE (PHYSICAL HEARING))
AND:
1.
THE REGISTRAR GENERAL
HIGH COURT OF KARNATAKA
BENGALURU – 560 001.
2.
STATE OF KARNATAKA
BY WOMEN POLICE STATION,
EAST RANGE BANGALORE CITY,
REPRESENTED BY HCGP,
HIGH COURT OF KARNATAKA,
BENGALURU – 560 001.
3.
THE INDIAN KANOON
PROPRIETOR SUSHANT SINHA,
OFFICE ADDRESS AT
* Re- typed and re-placed page No.1 vide chamber order dated 07.07.2022.
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NO.724, 1ST FLOOR, 9TH CROSS,
10TH MAIN ROAD,
INDIRANAGAR,
BENGALURU – 560 038.
4.
WWW.LAWYERSERVICES.IN
FOUNDER. PARIKSHIT A. ADVANI,
OFFICE ADDRESS AT 7E,
2ND FLOOR, OLD ORIENTAL BUILDING,
OPPOSITE HIGH COURT,
FORT, MUMBAI, MAHARASHTRA – 400 001.
... RESPONDENTS
(BY SRI RICAB CHAND, ADVOCATE FOR R4;
R1 TO R3 ARE SERVED))
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA READ WITH 482 OF CR.P.C.,
PRAYING TO DIRECT THE R1 TO REMOVE/MASK THE NAME AND
ADDRESS OF THE PETITIONER, IN THE DIGITAL RECORDS
MAINTAINED BY THE HONBLE HIGH COURT, IN CRL.P.NO.5685 OF
2020 AS INDICATED IN THE RANK OF R2 IN THE ORDER DATED
21.12.2020
PASSED
BY
THIS
HONBLE
COURT
AND
ALSO
REMOVE/MASK THE NAME OF THE PETITIONER AT PARA NO.3
AND PARA NO.4 OF THE SAID ORDER, TO THE EXTENT OF THE
SAME NOT BEING VISIBLE FOR THE SEARCH ENGINE INCLUDING
IN HIGH COURT WEBSITE, GOOGLE OR OTHER SEARCH ENGINES
VIDE ANNEXURE-A AND ETC.,
THIS WRIT PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
The petitioner, in substance, seeks name of the petitioner
to be masked in the database of the respondents.
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2. Heard Sri.Vikas.M., learned counsel appearing for
petitioner and Sri.Ricab Chand, learned counsel appearing for
respondent No.4.
3. Petitioner was respondent No.2 in Crl.P.No.5685/2020
and on settlement being arrived at, in the said proceeding, on
account of a mutual divorce therein, this Court by order dated
21.12.2020 quashed the entire criminal proceeding against one
Mohsin
Salam,
petitioner
No.1
in
Crl.P.No.5685/2020.
Petitioner comes across her name still being figured as wife of
Mohsin Salam despite closure of the proceedings by seeking
mutual divorce. The name was found in the databases of this
Court, Indian Kanoon and lawyerservices.in. Seeking a direction
to mask the name of the petitioner, the present petition is
preferred.
4. This Court has redressed the grievance of the petitioner
by masking the name. The 4th respondent lawyerservices.in
have withdrawn the judgment from their database. It is the
Indian Kanoon that has not carried out the masking as is
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requested. It is in that light, the petitioner has preferred the
subject petition.
5. It is not in dispute that the petitioner was the 2nd
respondent in Crl.P.No.5685/2020 and that having been
terminated on account of divorce between one Mohsin Salaam
and the petitioner herein on 21.12.2020, the name of the
petitioner should be deleted or masked from display, if the
judgment has to be kept in the database of Indian Kanoon, as it
would affect the personal right of the petitioner, since the
petitioner has remarried and does not want her name to be
shown as wife of Mohsin Salam.
6. For the aforesaid reasons, the following:
ORDER
(i)
Writ Petition is allowed.
(ii)
The 3rd respondent/Indian Kanoon shall mask the
name of the petitioner in Crl.P.No.5685/2020, if the
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same has to remain in the database of Indian
Kanoon.
Sd/-
JUDGE
bkp
CT:MJ
