Harendra Pratap Singh v. The State Of Bihar And ORS

Patna High Court MJC No.4882 of 2014 (4) dt.26-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4882 of 2014 In Miscellaneous Jurisdiction Case No. 2455 of 2011 ====================================================== Harendra Pratap Singh, Advocate.

.... .... Petitioner/s

Versus

The State of Bihar and others.

.... .... Respondent/s Appearance:

For the Petitioner:

Mr. Harendra Pratap singh, Advocate (In Person) For the Respondents: Mr. Md. Anis Akhtar, A.C. to G.A.-1 ------------- CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 26-02-2015 Heard learned counsel for the petitioner and learned counsel for the State.

This is the second contempt petition filed by the petitioner this time in relation to the order passed on 19.01.2012 in M.J.C. No.2455 of 2011.

The aforesaid contempt application was disposed of with the observation that summary enquiry without recourse to any statutory proceeding cannot be effective in the aforesaid facts and circumstances of the case and hence, liberty was granted to the petitioner, if so advised, to pursue his remedy in accordance with law through appropriate proceeding before statutory authorities or before the competent court of law. From a perusal of the contempt application, it

Patna High Court MJC No.4882 of 2014 (4) dt.26-02-2015 appears that the petitioner has failed to avail the appropriate proceeding either before the statutory authorities or before a competent court of law in the matter and has again filed a representation before the respondent authorities of the State and thereafter filed the present contempt application. The present contempt application is not maintainable in view of the nature of the order dated 19.1.2012 passed in M.J.C. No.2455 of 2011.

The contempt application is, accordingly, dismissed.

(Ramesh Kumar Datta, J) (Anjana Mishra, J) V.P.Sinha/- U