LAWS(KAR)-2018-5-17

HIGH COURT OF KARNATAKA Vs. M D RAJANNA

Decided On May 24, 2018
HIGH COURT OF KARNATAKA Appellant
V/S
M D Rajanna Respondents

JUDGEMENT

(1.) This is a Suo Motu criminal complaint case filed by the High Court of Karnataka, represented by the Registrar General, against the accused one Sri M.D. Rajanna under Section 15 of the Contempt of Courts' Act, 1971 read with Article 215 of the Constitution of India.

(2.) Brief facts as narrated in this contempt petition is that it is filed on the basis of the letter dated 27.12016 addressed by the IV Additional District and Sessions Judge, Mandya, requesting this Court to initiate Criminal Contempt proceedings against the accused herein. The letter dated 27.12016 of the IV Additional District and Sessions Judge, Mandya, addressed to the Registrar General, High Court of Karnataka is produced as per Annexure-A. The further averments is that the accused was the revision petitioner in Crl.R.P. No.162/2016 on the file of the Court of IV Additional District and Sessions Judge, Mandya. He filed the said revision petition under Section 397 of Cr.P.C. challenging the order dated 14.09.2016 passed by the Principal Civil Judge (Jr. Dn.) and JMFC, Mandya in PCR No.736/2016 dismissing his complaint under Section 200 Cr.P.C. against Hon'ble The Chief Justice of India, and two Hon'ble sitting Judges of the Supreme Court, Chief Ministers of Karnataka and Tamil Nadu and Chief Secretaries of the respective States, Minister of irrigation of Karnataka Government and others. The said PCR No.736/2016 was dismissed holding that it is not maintainable. The IV Additional District and Sessions Judge, Mandya, vide order Annexure-B dated 30.11.2016 dismissed Crl.R.P.162/2016 and proposed for initiating necessary action against the accused herein for contempt of Court. It is averred in the petition that the Division Bench of this Court in another case i.e., in W.A. No.2986/2011 connected with W.A. No.4154/2011 (L-TER) on the basis of the complaint submitted by the very same individual Sri M.D. Rajanna, accused herein and on the basis of the affidavit filed by Sri S.B. Mukkannappa, counsel for Sri M.D. Rajanna, has directed to place the matter before Hon'ble The Chief Justice for further orders and for taking necessary action. Hon'ble The Chief Justice passed an order on 23.4.2015 for initiation of suo-motu contempt of Court proceedings against Sri M.D. Rajanna, the accused herein and the same is numbered as Crl.C.C.C. No.11/2015 and the said case is also still pending. Therefore, the accused herein is facing the criminal contempt in another case.

(3.) It is contended that the accused herein has made reckless allegations against the respondents in private complaint No.736/2016, filed under Section 200 of Cr.P.C., and on dismissal of the same, further agitated the same in Crl.R.P. No.162/2016 with an intention to damage the reputation of the Hon'ble Judges but also to scandalize and lower the authority of The Courts and thereby attempted to lower the authority of Courts and interfere/obstruct with the due course of judicial proceedings and the said conduct of the accused herein is contemptuous in nature.