Karnataka High Court
Joe Abraham Mathews vs Indian Kanoon on 22 April, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:15952
WP No. 9655 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 9655 OF 2024 (GM-RES)
BETWEEN:
JOE ABRAHAM MATHEWS
@ MATHEWS THAZHAT 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 - 560034
...PETITIONER
Digitally signed (BY SRI. SAKET BISANI, ADVOCATE)
by NAGAVENI
Location:
HIGH COURT AND:
OF
KARNATAKA
1. INDIAN KANOON
REP. BY PROPRIETOR: SUSHANT SINHA
NO.724, 1ST FLOOR
9TH CROSS,
10TH MAIN ROAD
INDIRANAGAR
BANGALORE - 560038
WEBMASTER @ INDIANKANOON.COM
PROPRIETORSHIP CONCERN
-2-
NC: 2024:KHC:15952
WP No. 9655 of 2024
2. BOOMLIVE
OUTCUE MEDIA PRIVATE LIMITED
311, PARVATHI INDUSTRIAL ESTATE
SUN MILL COMPOUND, LOWER PAREL
MUMBAI - 400013, MAHARASHTRA, INDIA
GRIEVANCE @ BOOMLIVE.IN
REP BY DIYVA CHANDRA
PRIVATE LIMITED COMPANY
3. NEW INDIAN EXPRESS
EXPRESS NETWORK PRIVATE LIMITED
EXPRESS GARDENS, 29, SECOND MAIN ROAD
AMBATTUR INDUSTRIAL ESTATE
CHENNAI - 600058
TAMIL NADU
CONTACT NO: 044-23457601-08
EXTN: 525
EMAIL: [email protected]
REP BY EXECUTIVE EDITOR
RAJESH KUMAR R
PRIVATE LIMITED COMPANY
4. AIRONLINE
ALL INDIA REPORTER PVT. LTD.
CONGRESS NAGAR, NAGPUR - 440012
PHONE: +91 830005660
E-MAIL: [email protected]
PRIVATE LIMITED COMPANY
RESPONDENT NOS.1 TO 4
REGISTERED UNDER 1956
...RESPONDENTS
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THIS
HONBLE 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.4799/2022 VIDE JUDGEMENT DTD
12.08.2022 AS PER ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:15952
WP No. 9655 of 2024
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.4799 of 2022 vide Judgement dated 12-Aug-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. Issue a Writ of Mandamus or any other appropriate writ, to seal the name of the Petitioner even from the present petition. e. 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 406 of the IPC. This Court, in terms of its order dated 15.07.2022 -4- NC: 2024:KHC:15952 WP No. 9655 of 2024 in Crl.P.No.4799/2022 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 15.07.2022 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 -5- NC: 2024:KHC:15952 WP No. 9655 of 2024 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.
Sd/-
JUDGE KG List No.: 2 Sl No.: 35