IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 26TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE H.P. SANDESH C.C.C. Nos.245-247 of 2019 BETWEEN:
1. MANJULA V., W/O LATE P. SHANKAR, AGED ABOUT 39 YEARS, 2. KUMARI S. PAVITRA, D/O. LATE P. SHANKAR, AGED ABOUT 17 YEARS, 3. MASTAR MANOJKUMAR, S/O. LATE P. SHANKAR, AGED ABOUT 15 YEARS, ALL ARE RESIDING AT No.176, 4TH MAIN ROAD, 1ST CROSS, WEST OF CHORD ROAD, MANJUNATHA NAGAR, BANGALORE - 560 010.
(THE COMPLAINANTS No.2 & 3 ARE MINORS AND HENCE THEY ARE REPRESENTED BY THEIR NATURAL GUARDIAN AND MOTHER I.E., FIRST COMPLAINANT).
... COMPLAINANTS (BY SRI J.R. THIPPESWAMY, ADVOCATE FOR SRI M.C. BASAVARAJU, ADVOCATE) AND:
SRI K.R. VISHWANATH, THE CHIEF TRAFFIC MANAGER (OPERATION), BMTC, CENTRAL OFFICES, K.H. ROAD, SHANTHI NAGAR, BANGALORE – 560 027.
... ACCUSED THESE C.C.Cs ARE FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE THE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING NOT COMPLIED WITH THE ORDER PASSED BY THIS HON'BLE COURT IN W.P.No.26278 of 2017 (SK) DATED 23.03.2018 VIDE ANNEXURE-A TO THIS PETITION AND CONSEQUENTLY PUNISH THE ACCUSED FOR HAVING DISOBEYED THE ORDER OF THIS HON'BLE COURT.
THESE C.C.Cs COMING ON FOR ORDERS, THIS DAY, RAVI MALIMATH, J., PASSED THE FOLLOWING:
O R D E R These contempt petitions are filed on the ground that the order dated 23.03.2018 passed by the learned Single Judge of this Court in Writ Petition No.26278 of 2017 has been disobeyed. In terms of the said order, the second respondent therein was directed to consider the representation of the petitioners within a period of three months. Since the same was disobeyed, the instant petitions were filed.
2. Office has raised an objection with regard to arraigning the accused that the present accused was not a party to the proceedings.
3. On questioning, learned counsel for the complainants contends that it is the present accused, namely Sri K.R. Vishwanath, The Chief Traffic Manager (Operation), BMTC, Central Offices, K.H. Road, Shanthi Nagar, Bengaluru, who has disobeyed the order. However, the learned Single Judge has directed the second respondent therein namely, the Divisional Controller, BMTC, West Division, Kengeri, Bengaluru. Since he has not been made as a party to the present proceedings, these contempt petitions cannot be entertained. Hence, the petitions are dismissed.
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JUDGE JUDGE mv