Manju Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.130 of 2024 In Civil Writ Jurisdiction Case No.182 of 2016 ====================================================== Manju Sinha ... ... Petitioner/s

Versus

The State of Bihar & Ors.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar, Advocate For the Opposite Party/s :

Mrs. Nutan Sahay, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-04-2024 Learned counsel for the petitioner undertakes to remove the defects within a period of two weeks.

2. Mrs. Nutan Sahay representing the State submits that in the order of 2016, the contempt petition has been filed in the year 2024. She has also provided a copy of the order of the Division Bench of the Patna High Court in MJC No. 1840 of 2023 (Dr. Rajesh Kumar Sinha and others vs. the Union of India and others) and in para-11 of the said order dated 24.07.2023 read as follows:- "11. In the light of above narrated facts and legal issues, the present M.J.C - contempt petition filed after lapse of more than one year, cannot be entertained in view of Section 20 read with other provisions of Contempt of Courts Act,

Patna High Court MJC No.130 of 2024(2) dt.19-04-2024 2/2 1971 and Chapter XXVIII, Part "A" of contempt of Courts (Patna High Court) Rules.

3. Having gone through the facts of the case and the order provided by Mrs. Nutan Sahay, this Court is also convinced that no contempt petition can be initiated in a case where the petitioner decides to approach the Court at his own sweet will after eight years.

4. MJC No. 130 of 2024 stands disposed of.

(Rajiv Roy, J) Adnan/- U