Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.388 of 2024 In Civil Writ Jurisdiction Case No.17141 of 2019 ====================================================== Manish Kumar S/O Brajnandan Prasad R/O Village- Chanduara, Post- Punha, P.S.- Rahui, District- Nalanda, Bihar, PIN- 803119 ... ... Petitioner/s
Versus
1.
The State Of Bihar through the Chief/Principal Secretary Home Department, Government of Bihar, Patna Namely- Amir Subhani. 2.
The Director General of Police-cum-I.G. of Police, Bihar, Patna, NamelyMr. Rajwinder Singh Bhatti. 3.
The Than That D.I.G. of Police, Munger Range, Munger, Namely- Sanjay Kumar.
4.
The Present Khagaria, District Police D.I.G. Namely Shri Babu Ram. 5.
The Present S. P. of Khagaria, Namely- Amitesh Kumar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Jha, Advocate For the Opposite Party/s :
Mr. Government Pleader 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 20-12-2024 The present contempt petition is filed for noncompliance of the order dated 15.09.2023 passed in CWJC No. 17141 of 2019.
2. Perusal of the show cause, it is evident that order has been passed on 02.11.2023 vide Annexure OP - 4/1, therefore, there is compliance. Accordingly, present contempt petition stands dropped reserving liberty to the petitioner to assail the order dated 02.11.2023 in accordance with law.
3. At this stage, learned counsel for the petitioner
Patna High Court MJC No.388 of 2024(3) dt.20-12-2024 2/2 submitted that while passing order dated 02.11.2023, he has not been heard and further certain material information has not been taken into consideration. The same cannot be adjudicated in the contempt of Court proceedings in the light of Hon'ble Supreme Court decision in the case of Union of India and others vs. Subedar Devassy Pv reported in (2006) 1 SCC 613 read with Prithawi Nath Ram vs. State of Jharkhand reported in (2004) 7 SCC 261.
(P. B. Bajanthri, J) GAURAV S./- U