Manoj Kumar Singh v. The State Of Bihar, Through Director General Of Polilce, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2172 of 2017 In Cr. WJC 113 of 2016 ====================================================== Manoj Kumar Singh, Son of Late Baidhyanath Singh, Resident of Village Gyaspur, P.O. Rasulpur, P.S. Amnaur, District- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar, through Director General of Police, Bihar, Patna, Mr. P.K.Thakur.

2. Mr. Anusuuiya Rana Singh Sahu, the Superintendent of Police, Saran.

3. Mr. Harihar Prasad, the District Magistrate, Saran.

4. Mr. Uday Kumar, the Station House Officer, Amnaur Police Station, District Saran.

5. Mr. Anuj Kumar Pandey, the Investigation Officer, Amnaur, P.S. Case No. 90 of 2014, Amnaur Police Station, District- Saran.

6. Prabha Kuer, Wife of Sri Suresh Singh, Resident of Village: Gyaspur, Post Office: Rasulpur via Mirzapur, Police Station- Amnaur, DistrictSaran.

7. Nitesh Kumar Singh, son of Sri Suresh Singh, Resident of VillageGyaspur, Post Office- Rasulpur via Mirzapur, Police Station- Amnaur, District- Saran.

8. Dipak Kumar Singh, Son of Late Dinesh Kumar Singh, Resident of Village: Gyaspur, Post Office: Rasulpur via Mirzapur, Police StationAmnaur, District- Saran.

9. Binod Kumar Singh, Son of Late Dinesh Kumar Singh, Resident of Village: Gyaspur, Post Office: Rasulpur via Mirzapur, Police StationAmnaur, District- Saran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nagendra Rai For the Respondent/s : Mr. Dr. Mankeshwar Tiwari, AC to AAG-III ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-07-2018 Prayer is for time. The same is refused.

This MJC application has been filed for punishing Respondent No.4 for contempt of order dated 28.03.2017 passed in Cr.W.J.C. No.113 of 2016.

Preliminary objection of the learned counsel for the

Patna High Court MJC No.2172 of 2017 (6) dt.04-07-2018 2/2 Opposite Party Nos.6 to 7 is that petitioner had withdrawn the writ application, which was permitted by order dated 28.03.2017, passed in Cr.W.J.C. aforesaid. The simple direction to the Police was to not to disturb the possession of the petitioner except according to law and procedure established. No material has been brought on record that the Police have disturbed the possession of the petitioner anyway. Moreover, once the writ application was withdrawn, there is no question of contempt of order of this Court. Finding substance in the submission of the learned counsel for the Opposite Parties, this application stands dismissed, as devoid of any merit.

(Birendra Kumar, J) Abhishek/- U