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Patna High Court

Ram Kripal PrasadversusThe State of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The petition for contempt was dismissed as the alleged refusal to grant an arms license did not constitute willful disobedience of the earlier order.

Summary

The petitioner, Ram Kripal Prasad, filed a contempt petition seeking initiation of contempt proceedings against the State of Bihar and its officials for allegedly willfully disobeying an order dated 25 October 2018 in Civil Writ Jurisdiction Case No. 8305 of 2018. The petitioner claimed that the District Magistrate, Patna had rejected his application for an arms license, which he alleged was in violation of the earlier order. The State counsel produced a memo dated 11 February 2019 to demonstrate that the magistrate’s decision was based on procedural grounds and not a contemptuous act. The Court, after hearing, granted the petitioner liberty to raise any further grievance but found no basis to proceed with contempt. Consequently, the contempt petition was disposed of without any order of contempt.

Issues considered

  • What constitutes willful disobedience of a court order in the context of an arms license application?
  • Whether the rejection of the arms license by the District Magistrate amounts to contempt of the earlier court order.

Subjects

  • contempt of court
  • arms license
  • civil writ jurisdiction
  • willful disobedience
  • district magistrate

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.1082 of 2019
                                                      In
                                Civil Writ Jurisdiction Case No.8305 of 2018
                 ======================================================
                 Ram Kripal Prasad Son of Late Ram Ashish Prasad Resident of Village
                 Haiwatpur, P.S.Khusrupur, District Patna.

                                                                            ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through Sri Deepak Kumar, Chief Secretary of Bihar,
                 Government of Old Secretaries, Patna (Home Department Arms Matter)
           2.    Sri Kumar Rai, the District Magistrate, Patna
           3.    Sri Robert L. Changthu Commissioner, Patna Division, Patna
           4.    Smt. Saman Samir Arms Magistrate Collectorate, Patna
           5.    Smt. Garima Malik, Senior Superintendent of Police.
           6.    Sri Wazuddin Ansari, Additional District Magistrate, Collectorate, Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md. Anisur Rahman, Advocate
                 For the State            :      Mr. Prabhat Kumar Verma, AAG-3
                                          :      Mr. Suman Kumar Jha, AC to AAG-3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   06-05-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   following relief(s):

                                               “for initiation of contempt proceeding

                                      against the contemnors/opposite parties for their

                                      willful disobedience of the order dated 25.10.2018

                                      passed in CWJC No. 8305 of 2018.”

                                 3.     A show cause is on record and learned State

                   counsel has taken this Court to the reasoned order dated vide

                   memo no.1207 dated 11.02.2019 to show that the District
            Patna High Court MJC No.1082 of 2019(4) dt.06-05-2026
                                                        2/2




                      Magistrate, Patna has rejected the claim of the petitioner for

                      grant of arms license.

                                   4. Granting liberty to the petitioner to agitate the

                      matter, if any grievance still remains, the present contempt

                      petition stands disposed of.



                                                     (Rajiv Roy, J)
vinayak/-

U


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