Wasim Raja v. The State Of Bihar And ORS

Patna High Court MJC No.4838 of 2012 (16) dt.14-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4838 of 2012 ====================================================== Wasim Raja .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and learned counsels for different opposite parties.

Opposite party Nos. 3, 4 and 5 are present.

Learned counsel for opposite party No.6 submits that the father-in-law of the said opposite party has died in the morning, which information was conveyed to him by mobile phone, and for the said reason the opposite party No.6 could not appear nor any one was available to swear the affidavit on her behalf by filing a petition in this regard.

With regard to opposite party No.7, it is submitted by learned counsel that the said opposite party has not come under the wrong impression, contributed also by learned counsel, that since he has complied with the order under contempt and filed the show cause with respect to the same, he will not be required to be personally present in Court.

In the show cause filed on behalf of opposite party No.7, it is stated that the order under contempt has since been

Patna High Court MJC No.4838 of 2012 (16) dt.14-12-2016 complied with and the petitioner has been paid his salary for the period which was due amounting to Rs. 2,46,245/- by crediting the same in the petitioner's account in Punjab National Bank, Sasaram Branch.

Learned counsel for the petitioner admits the aforesaid fact.

In the show cause filed on behalf of opposite party No.7, apology has also been tendered and it is further asserted that the opposite party No.7 has never created any hindrance in complying with the order under contempt, as was submitted on behalf of opposite party No.3.

This Court would not like to enter into any such issue but the fact remains that the opposite parties have acted only after the initiation of the contempt proceedings.

In the above view of the matter, the opposite parties have purged the contempt and for the said reason, this Court does not intend to proceed further in the contempt proceedings. The contempt proceedings against opposite party Nos. 3 to 7 are, accordingly, dropped and their personal appearance is dispensed with.

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