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Judgment
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present criminal contempt is suo motu contempt registered by this Court.
On 28.09.2026, we had passed the following order while framing the charge as mentioned in the order:
In pursuance to the order dated 16.09.2006, whereby we issued bailable warrant through the concerned police station, the contemnor/accused No. 2 Sri. Ramesh S/o. Chikkayallappa, No.40/6, Shankar Narayanaswamy Layout, Anekal Town, Bengaluru is present before this Court. Despite service of notice, he has not filed any response/reply to the contempt notice issued in this contempt petition.
2.This Court has taken suo motu cognizance of the contemptuous conduct of the contemnors during the course of the proceedings of Writ Petition No. 6363/2022. When his misconduct was brought to the notice of the Writ Court, in Review Petition No. 465/2013, the Writ Court noted the contemptuous conduct of the contemnors/accused in polluting the stream of justice by filing manufactured forged Power of Attorney of Prabhu and Kalpana, who were arrayed as respondent No. 3 and respondent No. 4 in the Writ Petition to help accused No. 1. On the strength of the forged Power of Attorney, accused No. 2 executed vakkalath in favour of learned counsel Sri. P.N. Mahesh on behalf of Prabhu and Kalpana, respondents No. 3 & 4 in the Writ Petition and also filed the statement of objection favouring the petitioner/accused No. 1, and thus, the Writ Petition came to be allowed. Once these facts were brought to the notice of the Court in review petition, the review petition was allowed vide order dated 30.08.2006 and the order dated 21.07.2017 pass in the Writ Petition was recalled and the Writ Petition was dismissed. A cost of Rs.10,00,000/- was imposed on the petitioner/accused No. 1.
3.The alleged GPA executed in favour of accused No. 2, Ramesh was ordered to be kept in sealed vault. As the Court proceedings sought to be manipulated by creating and fabricating the General Power of Attorney, the accused have committed criminal contempt of this Court and therefore, we frame the following charge against the accused.
1)You accused Nos. 1 and 2, Smt. Parvathamma and Sri. Ramesh by furnishing a forged and fabricated Power of Attorney allegedly executed by Prabhu and Kalpana, respondents No. 3 & 4 in Writ Petition No.6363/2022 and filing vakkalathama on their behalf and statement of objection interfered with the due course of the proceedings in the Writ Court and obstructed the administration of justice by submitting forged and fabricated Power of Attorney and the vakkalattama and statement of objection on behalf of Prabhu and Kalpana. Therefore, you have committed a criminal contempt of this Court.
4.The accused are given 10 days' time to respond to the said charge. Post this contempt petition after 10 days on 12.10.2026.
The accused shall remain present on the next date of posting for giving finality to the contempt proceedings.
So far as the accused No.1 is concerned, it has been stated in the affidavit filed by her that she is an old person with no knowledge of English or legal proceedings, it is the accused No.2 who has misused her in fabricating, filing forged power of attorney and vakalatnama as well as statement of objections.
In compliance of the order dated 28.09.2026 accused are present in the Court. We ourselves can see that accused No.1 is an illiterate and aged person and do not understand English Language or Court proceedings and law. We therefore, do not wish to proceed further against accused No.1 but, warn her that in future she should be careful while signing and executing documents to be filed in the Court.
Insofar as accused No.2 is concerned there is no denial to the charge framed by this Court and he has also not filed any affidavit so far as the notice and the charge is concerned. We therefore, convict him for a period of 3 months.
Accused No.2 is directed to be taken into custody forthwith to serve simple imprisonment for a period of 3 months for committing criminal contempt as mentioned in the charge.
Registrar (Judicial) shall issue conviction warrant against the accused as per Rule 16 of the High Court of Karnataka (Contempt of Court Proceedings) Rules, 1981.
Registry shall furnish a free copy of this order to the accused/contemnor, immediately.
Contempt proceedings are closed.