Rishideo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1221 of 2024 In Civil Writ Jurisdiction Case No.11616 of 2017 ====================================================== Rishideo Paswan, S/o Late Satya Narayan Paswan R/o Village Vijay Nagar, P.S. - Bariyarpur, District - Munger.

... ... Petitioner

Versus

1.

The State Of Bihar 2.

Mr. Rajvinder Singh Bhatti Director General of Police, Bihar, Patna. 3.

Rakesh Rathi Inspector General of Police, Magadh Range, Bihar, Patna. 4.

Mr. Arwind Pandey Deputy Inspector General, Magadh Division, Gaya. 5.

Mr. Sunil Krishna Lanjewar Superintendent of Police, Aurangabad. 6.

Mr. Mahesh Kumar Yadav Deputy Superintendent of Police, Araria. 7.

Mr. Rati Lal Bhagat Assistant Sub Inspector, Aurangabad. 8.

Mr. Hriday Kant Superintendent of Police, Araria. 9.

Mr. Ram Pukar Singh Deputy Superintendent of Police, Araria. 10.

Mr. Ram Naresh Singh Station Head Officer, Jokihat, P.S. Araria. 11.

Mr. Bilas Sao Investigating Officer of Jokihat P.S. Case No. 37 of 2014, Jokihat, Araria.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Government Pleader 04 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 19-07-2024 Learned counsel for the Respondent-State submitted that the present M.J.C./Contempt petition is not maintainable in view of Section 20 of the Contempt of Courts Act.

2. It is noticed that order dated 22.03.2022 has not been complied by the concerned Respondent within a period of

Patna High Court MJC No.1221 of 2024 dt.19-07-2024 2/2 two months. Therefore, cause of action accrued to the petitioner to file Contempt petition was with effect from 22.05.2022, whereas the present contempt is filed on 01.04.2024. Accordingly, the present M.J.C./Contempt petition is not maintainable in the light of the order of Co-ordinate Bench decision in the case of Dr. Rajesh Kumar Sinha & Ors. Vs. The Union of India & Ors. bearing M.J.C. No. 1840 of 2023 in C.W.J.C. No. 13888 of 2016, wherein this Court has examined Section 20 of the Contempt of Courts Act read with Article 215 of the Constitution insofar as maintainability of the Contempt petition beyond one year.

3. Accordingly, the present M.J.C./Contempt petition stands dropped, reserving liberty to the petitioner to file fresh writ petition insofar as implementation of the orders of this Court dated 22.03.2022 passed in C.W.J.C. No. 11616 of 2017. (P. B. Bajanthri, J) manish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.07.2024 Transmission Date NA