Patna High Court
Sri Mahendra SharmaversusDr. Satyaprakash Superintendent Of Police At Aurangabad and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that no contempt of court was established.
Summary
The petitioner, Mahendra Sharma, sought a contempt proceeding against the Superintendent of Police, Aurangabad, alleging willful non‑compliance with a High Court order dated 06‑05‑2014 that directed the police to take proper legal action against Suresh Paswan and produce a salary register withdrawn from the lower court. The petitioner claimed the register was taken by the Officer‑in‑Charge and that the FIR filed three years earlier had not led to any arrest or proper investigation, constituting a breach of the court’s direction. The respondents filed a show‑cause response asserting that the allegations of theft of the record and police inaction were false, and a final report had been submitted. The Court examined whether the conduct amounted to contempt of its order and concluded that no contempt case was made out. Consequently, the petition was dismissed and the matter was disposed of.
Issues considered
- Whether the Superintendent of Police and the Officer‑in‑Charge willfully violated the High Court order, thereby constituting contempt of court.
Subjects
- contempt of court
- willful disobedience
- police investigation
- high court order
- register of salary
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1350 of 2017
In
Criminal Writ Jurisdiction Case No.1046 of 2012
======================================================
Sri Mahendra Sharma S/o Late Banbari Sharma, resident of VillageP.O.-
Murwan, P.S.- Goh, District- Aurangabad.
... ... Petitioner/s
Versus
1. Dr. Satyaprakash Superintendent Of Police At Aurangabad and Ors
2. Sri Chandan Kumar Jha, Officer-in-Charge, Goh, District- Aurangabad.
3. Sri Kapildeo Singh, son of Nema Mahto, resident of Village- Dumra, Police
Station- Haspura, District- Aurangabad.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar Prasad Singh, Adv.
For the Opposite Party/s : Mr. Prabhat Kumar Verma - AAG 3
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 23-04-2026 Heard Mr. Diwakar Prasad Singh, learned counsel for
the petitioner and the State.
2. The present application has been preferred:
for issuance of rule of Contempt for
willful violation of the order of this Hon'ble
Court passed in Cr. W.J.C No. 1046 of 2012
passed on 06.05.14 by which this Hon'ble
High Court presided over by Hon'ble Mr.
Justice Aditya Kumar Trivedi directed the
respondents in following words: Quote-
So far, inability of the
Superintendent of Police Aurangabad to take
proper action against Suresh Paswan is
concerned, I am not satisfied therewith
because of the fact that apart from
Patna High Court MJC No.1350 of 2017(4) dt.23-04-2026
2/3
Departmental Proceding, other provisions are
there whereunder the act of Suresh Paswan
could be properly dealt with & on account
thereof, the Superintendent of Police
Aurangabad is directed to take proper legal
recourses against the aforesaid Suresh Paswan
at an earliest. Unquote.
It is relevant to point out that the
writ application was filed with a prayer to
direct the respondents to produce the register
appertains to receiving of salary, which was
received/withdrawn from the Court below in
connivance with then investigating officer, &
the accused person [Opposite Party No.3].
The same register was only valuable piece of
documentary evidence but the same was
withdrawn from the court below by the
respondent No.2 through a constable No.374
namely Sri Raghubansh Ram on 21.11.95 &
since then the same register has not returned
in the Court of Sri K.C. Mishra learned J.M
1ST Class at Aurangabad. This Hon'ble court
directed the Superintendent of Police apart
from Departmental Proceeding other
provisions are there where under the act of
Suresh Paswan could be properly dealt with &
on account thereof, the Superintendent of
Police Aurangabad is directed to take proper
legal recourses.
The F.I.R was registered almost
three years back but neither the accused was
Patna High Court MJC No.1350 of 2017(4) dt.23-04-2026
3/3
arrested nor any investigation was conducted
in proper manner, as such just an empty
formality was committed in the name of
compliance of order passed by this Hon'ble
Court. The Superintendent of police & the
officer-in-charge Aurangabad is not taking any
interest in the investigation & also not
complying the order passed by this Hon'ble
Court in true perspective.
3. A show cause has come on behalf of the opposite
party no. 1, the S.P., Aurangabad and as per paragraph 9, the
allegation made by the petitioner, Mahendra Sharma regarding
theft of record from the custody of Court and none action of Goh
Police in the Goh P.S. Case No. 67 of 1994 and Goh P.S. Case No.
93/2014 has been found to be false and final report have been
submitted in this regard.
4. In that background, the petitioner has liberty to file an
appropriate petition before appropriate forum/ Court for the
redressal of the grievance. No case of contempt is made out.
5. MJC No. 1350 of 2017 stands disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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