Writ Petition No. 29527 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:22977 WP No. 29527 of 2024 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 29527 OF 2024 (GM-POLICE) BETWEEN: 1. MRS. SHEELA P V WO SRI C P YOGEESHWARA AGED ABOUT 47 YEARS R/AT NO.143, 17TH MAIN ROAD BANASHANKARI II STAGE BENGALURU - 560 070 (BY SRI. K.N. PHANEENDRA, SENIOR ADVOCATE FOR SRI NAGARAJ SHETTY., ADVOCATE) … PETITIONER Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA AND: 1. UNION OF INDIA MINISTRY OF INFORMATION & BROADCASTING ROOM NO.655, A WING SHASTRI BHAVAN NEW DELHI - 110 001 REP. BY ITS SECRETARY 2. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA DR B R AMBEDKAR VEEDHI BENGALURU - 560 001 - 2 - NC: 2025:KHC:22977 WP No. 29527 of 2024 HC-KAR 3. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE NRUPATHUNGA ROAD BENGALURU - 560 001 4. STATION HOUSE OFFICE C.E.N. CRIME POLICE STATION CENTRAL DIVISION BENGALURU - 560 051 5. YOUTUBE LLC C/O GOOGLE INDIA PRIVATE LIMITED 3RD FLOOR RMZ INFINITY OLD MADRAS ROAD E NO.3 SWAMI VIVEKANANDA ROAD BENGALURU - 560 008 REP BY ITS AUTHORISED SIGNATORY ALSO AT: YOUTUBE LLC HAVING ITS OFFICE AT NO.901, CHERRY AVE SANBRUNO, CA-94066 UNITED STATES OF AMERICA REP. BY ITS AUTHORIZED SIGNATORY PAULIENE SELVANANDAN 6. GOOGLE LLC NO.3 3RD & 4TH AND 5TH FLOOR RMZ INFINITY TOWER 3 OLD MADRAS ROAD SWAMI VIVEKANANDA ROAD BENGALURU - 560 008 REP BY ITYS AUTHROIZED SIGNATORY - 3 - NC: 2025:KHC:22977 WP No. 29527 of 2024 HC-KAR 7. X-CORP (FORMERLY TWITTER INC) HAVING ITS OFFICE AT C-20 G BLOCK NEAR MCA BANDRA KURLA COMPLEX BANDRA (E) MUMBAI MAHARASTRA - 400 013 REP BY ITS AUTHORIZED SIGNATORY AYSHI KAPOOR 8. META PLATFORMS INC/ FACEBOOK INDIA HAVING ITS OFFICE AT UNIT NOS.1203 AND 1204 LEVEL - 12, BUILDING NO.20 RAHEJA MINDSPACE CYBERABAD, MADHAPUR HITECH CITY, HYDERABAD KARNOOL-560 081 REP BY ITS AUTHORIZED REPRESENTATIVE ALSO AT: META PLATFORMS INC HAVING ITS OFFICE AT NO.1 META WAY MENLO PARK CALIFORNIA - 94025 UNITED STARTES OF AMERICA REP. BY ITS AUTHORIZED SIGNATORY KATHRYN DUVALL 9. INSTAGRAM LLC 1ST FLOOR, SPD PLAZA KORAMANGALA INDUSTRIAL LAYOUT 5TH BLOCK, KORAMANGALA - 4 - NC: 2025:KHC:22977 WP No. 29527 of 2024 HC-KAR BENGALURU - 560 034 REP BY ITS AUTHORIZED SIGNATORY ALSO AT: HAVING ITS OFFICE AT 1601 WILLOW ROAD MENLO PART CALIFORNIA - 94025 UNITED STATES OF AMERICA REP BY ITS AUTHORIZED SIGNATORY ALSO AT: INSAGRAM LLC, NO.110, LINKWAY ESTATE, NEW LINK ROAD, MALAD (WEST) MUMBAI, MAHARASTRA - 400 064. ALSO AT: INSAGRAM LLC IG INFOTECH INDIA PVT. LTD. EMBASSY GOLF LINK BUSINESS PARK CHELLAGHATTA BENGALURU - 560 071 REP. BY ITS MANAGING DIRECTOR 10. KUM NISHA YOGESHWAR D/O C P YOGESHWAR AGED ABOUT 35 YEARS R/AT NO.587 1ST MAIN ROAD AMRJYOTHI LAYOUT 3RD BLOCK EXTENSION RMV 2ND STAGE BENGALURU - 560 094 … RESPONDENTS - 5 - NC: 2025:KHC:22977 WP No. 29527 of 2024 HC-KAR
Legal Reasoning
(BY SRI. SHANTHI BHUSHAN H., ADVOCATE FOR R1; SMT. K.P. YASHODHA, AGA FOR R1 TO R4; SRI KARAN JOSEPH, ADVOCATE FOR R8; SRI MANU PRABHAKAR KULKARNI, ADVOCATE FOR R6; SRI SRINIVASA RAGHAVAN, SENIOR ADVOCATE FOR R10; R5 - SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-4 TO TAKE APPROPRIATE ACTION PURSUANT TO THE COMPLAINT DTD 28.10.2024 LODGED BY THE PETITIONER VIDE ANNEXURES-A AND B AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has filed the present writ petition seeking for issuance of writ of mandamus to direct respondent No.4 to take appropriate action pursuant to the complaint dated 28.10.2024. Petitioner has also sought for issuance of writ of mandamus to direct respondents 4 to 9 to delete / block YouTube links, Instagram ID and X-Corp account of respondent No.10, as detailed at Annexure-C. Petitioner has further sought for issuance of writ of mandamus to direct respondents 5 to 9 to delete URL links mentioned in - 6 - NC: 2025:KHC:22977 WP No. 29527 of 2024 HC-KAR the schedule and not to transmit, share or forward the URL links mentioned in schedule-B to the petition. Petitioner has further sought for certain other reliefs. 2. It is noticed that before the Civil Courts, petitioner and respondent No.10 are at issue in O.S.No.26115/2024 and the defendants in the said suit were restrained from publishing or web hosting or telecasting any family matters or personal matters relating to the plaintiff until further orders. 3. Sri. K. N. Phaneendra, learned Senior Counsel appearing for the petitioner submits that the reason for moving the matter was in light of certain apprehended adverse consequences on electoral prospects due to acts of publishing as referred to in the petition during the election campaign. 4. This Court by interim order dated 04.11.2024 had passed an interim order, which reads as follows: - 7 - NC: 2025:KHC:22977 WP No. 29527 of 2024 HC-KAR "Sri K N Phanindra, learned Senior Counsel representing the petitioner's counsel, submits that despite the order passed by the jurisdictional Civil Court in OS No.25700/2024 and OS No.26115/2024 restraining the respondents No.5 to 10 herein and others from publishing, web hosting or telecasting any family matters or personal matters relating to the petitioner until further orders, the said respondents are continuing to publish derogatory statements against the petitioner and her family members, and he further submits that the police have not taken any action on the complaint filed by the petitioner. Sri Shanthi Bhushan, learned Deputy Solicitor General of India is directed to accept notice for the respondent No.1. The learned Additional Government Advocate accepts notice for the respondents No.2 to 4. Issue emergent notice to the respondents No.5 to 10. The respondents No.5 to 9 are hereby directed to delete/block the links, FaceBook ID, Instagram ID and X-Corp account of respondent No.10 - 8 - NC: 2025:KHC:22977 WP No. 29527 of 2024 HC-KAR mentioned in Annexure-C/schedule-B till the next date of hearing. The office objections to be complied within three days. Hand delivery ordered." 5. Sri. Srinivasa Raghavan, learned Senior Counsel appearing for the respondents submits that the effect of interim order passed is far beyond what was sought for before the trial Court. 6. Various contentions have been raised. After hearing the matter for sometime, noticing that the petitioner and the 10th respondent are at issue in O.S.No.26115/2024 and also noticing that O.S.No.25700/2024 is pending between the petitioner and the media houses, and further noticing that there is an interim order in O.S.No.25700/2024 as well on same lines, it would be appropriate to relegate the parties to work out their remedy before the trial Court in the existing or even - 9 - NC: 2025:KHC:22977 WP No. 29527 of 2024 HC-KAR by instituting other proceedings before the Civil Court as may be found necessary. 7. Noticing the assertions of the petitioner and the pleadings made out, it would be open for the petitioner to enlarge the scope of the pending suit to seek for other reliefs including seeking for appropriate amendments to pleadings as may be found necessary. 8. Needless to state that the respondents are to adhere to the existing interim order as long as it is in subsistence while clarifying that it is always open to the respondents to seek for redressal of their grievance before the trial Court by way of appropriate measures including seeking modification / vacation or challenging the correctness of the order of the trial Court. 9. As has been observed earlier, it is open for the petitioner to seek for additional reliefs with respect to other aspects as raised in the petition which may not be a part of the pleadings before the trial Court. - 10 - NC: 2025:KHC:22977 WP No. 29527 of 2024 HC-KAR 10. Accordingly, petition is disposed off and all contentions are kept open. The legal questions raised are kept open. In light of the disposal of the writ petition, interim order earlier granted by this Court stands discharged. Sd/- (S SUNIL DUTT YADAV) JUDGE VP