Kameshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1975 of 2019 In Civil Writ Jurisdiction Case No.4023 of 2017 ====================================================== Kameshwar Prasad Son of Late Sakaldeo Prasad resident of village - Sahopur, P.O. Panditganj, P.S. Kadirganj, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar Through Sanjay Kumar, Sub Divisional Officer, Masaurhi, P.S. Masaurhi District- Patna.

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

For the Petitioner/s :

Mr. Paras Nath, Advocate For the Opposite Party/s :

Mr. Ajay (GA 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 19-07-2024 The present contempt petition is not maintainable in view of the fact that order passed in CWJC No.4023/2017 is 29.03.2017, whereas present contempt petition is filed in the month of May, 2019 and it is not within one year from the date of the order or cause of action accrued to the complainant/petitioner.

2. Co-ordinate Bench 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, elaborately discussed Section 20 of the Contempt of the Courts Act, 1971 read with Article 215 of the Constitution. Insofar as

Patna High Court MJC No.1975 of 2019(4) dt.19-07-2024 2/2 maintainability of contempt petition beyond one year, taking note of the co-ordinate Bench decision, the petitioner has not made out a case.

3. Accordingly, MJC No.1975/2019 stands dismissed, reserving liberty to file fresh writ petition, in accordance with law.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) amitkumar/- U