Divya Kumari v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.571 of 2017 In Civil Writ Jurisdiction Case No. 1320 of 2015 ====================================================== Divya Kumari, daughter of Ram Prasad Ram, resident of Bengali Road, Mithapur, P.S.- Jakkanpur, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. The District Magistrate, Patna, namely, Sri Sanjay Agrawal, son of not known to the petitioner.
3. The Senior Superintendent of Police, Patna namely Manu Maharaj, son of not known to the petitioner
4. The Deputy Superintendent of Police, Sadar, Patna, namely Pramod Kumar Mandal, son of not known to the petitioner
5. The Officer in Charge of Jakkanpur Police Station, District Patna namely Aamrendra Jha, son of not known to the petitioner
6. Shiv Kumar Singh, son of Vishwanath Prasad, residenjt of Jai Prakash Nagar, P.S. Jakkanpur, District- Patna
7. Ram Prasad Ram, son of not known to the petitioner, resident of C/o Arun Kumar Gupta, Matri Chhaya Sadan, near Burdwan besides of Durga Mandir Mithapur, P.S. Jakkanpur, District- Patna. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Shahnawaz Ali, Adv. For the Respondent/s : Mr. Prabhat Kumar Verma, Sr. Adv.- AAG 3 Dr. Mankeshwar Tiwari, A.C. to AAG-3 Mr. Suman Kumar Jha, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH) 17-05-2017 This application under Article of the Constitution of India has been filed for initiation of a proceeding of contempt against the opposite parties, specially against the opposite party no.6 for willful disobedience to the order dated 21.01.2016 passed by this Court in Cr.W.J.C. No. 1320 of 2015. We have heard learned counsel for the petitioner and
Patna High Court MJC No.571 of 2017 (2) dt.17-05-2017 2/2 perused the order dated 21.01.2016 passed in Cr.W.J.C. No. 1320 of 2015.
In the said writ application the petitioner was the respondent no.6 whereas the respondent no.6 of the present case was the petitioner. By the aforesaid order dated 21.01.2016 the case of the petitioner of that case was dismissed with cost of Rs.25,000/- to be paid to the respondent no.6 (petitioner of the present case).
It is contended by the learned counsel for the petitioner that till date the aforesaid cost has not been paid by the respondent no.6 to the petitioner.
In our opinion, no case for initiation of contempt proceeding is made out. The petitioner has a remedy in law to recover the amount of cost.
The application, being devoid of any merit, is dismissed.
(Ashwani Kumar Singh, J) (Chakradhari Sharan Singh, J) Pradeep/- U