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Patna High CourtMJC/672/2022allowed

Ajit Narain Singh v. The State Of Bihar

2022-06-23Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.672 of 2022 In Miscellaneous Jurisdiction Case No.924 of 2020 ====================================================== Ajit Narain Singh son of Sri Gobardhan Singh resident of Village- Alipur, Dih, P.S. Parbalpur, District Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna namely Shri Deepak Kumar, I.A.S.

2.

Sri Ravi Mittal, I.A.S., son of not known, the Finance Commissioner, Finance Department, Govt. of Bihar, Patna.

3.

Sri Gupteshwar Pandey, son of not known, the Director General of Police, Govt. of Bihar, Patna.

4.

Sri Sunil Kumar, son of not known, the Inspector General of Police, Govt. of Bihar, Patna.

5.

Sri Pradeep Kumar Srivastava, son of not known, the Deputy Inspector General of Police, Government of Bihar, Magadh Range, Gaya. 6.

Sri Hari Prastha, the Superintendent of Police, Nawada. 7.

Sri Rajeev Mishra, son of not known, the Superintendent of Police, Gaya. 8.

Sri Daya Shankar, son of not known, the Superintendent of Police, Sheikhpura.

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

For the Petitioner/s :

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

Mr.Prabhat Kumar Verma(Aag 3) :

Dr. Mankeshwar Jiwan (AC to AAG 3) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-06-2022 The present petition is by way of second restoration petition, inasmuch as the contempt petition bearing M.J.C. no. 3658 of 2019 had stood dismissed on account of non-compliance of the pre-emptory order dated 14.10.2019, whereafter the petitioner has filed a restoration petition bearing M.J.C. no. 924 of 2020 which was allowed vide order dated

Patna High Court MJC No.672 of 2022(2) dt.23-06-2022 2/2 10.03.2021 and the aforesaid contempt petition was directed to be restored to its original file, however subject to removal of defects, within a period of four weeks but the petitioner failed to do so, resulting in the aforesaid contempt petition having stood dismissed again.

The learned counsel for the petitioner has submitted that on account of certain personal constraints, the defects could not be removed even after this Court had given liberty for the second time, however he undertakes that the defects shall definitely be removed, within a period of four weeks from today and in case, the same are not removed, the petitioner would not approach this Court again for restoration.

Having regard to the facts and circumstances of the case and considering the averments made in the present petition, the aforesaid contempt petition bearing M.J.C. no. 3658 of 2019 is restored to its original file, however subject to removal of defects by physical mode, within a period of four weeks from today. It is needless to state that no further restoration petition shall be entertained, henceforth.

(Mohit Kumar Shah, J) rinkee/- U