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Patna High Court

Pankaj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that no contempt is made out and the contempt petition stands disposed.

Summary

Petitioner Pankaj Kumar filed a contempt petition alleging that the State of Bihar and several officials willfully flouted a judgment dated 5 August 2022 in C.W.J.C. No.11566 of 2021. The petitioner sought initiation of contempt proceedings against the opposite parties. The learned counsel for the petitioner argued that the earlier order was reasoned and that the petitioner still had a grievance, thus liberty should be granted to agitate the matter. The Court examined whether the conduct of the opposite parties amounted to contempt of the earlier judgment. Finding no contemptuous act and noting that liberty to agitate the matter already existed, the Court disposed of the contempt petition.

Issues considered

  • Whether the conduct of the State of Bihar and its officials constitutes contempt of the judgment dated 5 August 2022 in C.W.J.C. No.11566 of 2021
  • Whether the petitioner is entitled to liberty to agitate the grievance afresh

Subjects

  • contempt of court
  • civil writ jurisdiction
  • liberty to agitate
  • petition disposal
  • judgment enforcement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.2187 of 2022
                                                        In
                                 Civil Writ Jurisdiction Case No.11566 of 2021
                 ======================================================
                 Pankaj Kumar Son of Late Shiva Kant Pandey, Resident of Village-
                 Janardanpur, Post Office and Police Station- Durgawati, District- Kaimur,
                 presently residing at Village- Dhantoliya, Ward No. 26, Post Office and Police
                 Station- Dihri, District- Rohtas.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar X
           2.    Mr. Senthil K. Kumar the Principal Secretary, Home Department,
                 Government of Bihar, Patna.
           3.    Mr. S.K. Singhal the Director General of Police, Government of Bihar,
                 Patna.
           4.    Mr. A.K. Yadav the I.G., Crime Investigation Department, Government of
                 Bihar, Patna.
           5.    Mr. Taufeed Parvez the S.P. (C), Crime Investigation Department,
                 Government of Bihar, Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Binod Kumar Singh
                 For the Opposite Party/s :    Mr.Md. Nadim Seraj (Gp5)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   10-03-2026                    Heard the parties.

                                2. The petitioner has prayed for grant of following

                   relief :-

                                       “1. That this contempt petition is being
                          filed with a prayer for initiating a contempt
                          proceeding against the Opposite Parties for their
                          wilful and deliberate flouting of the Judgement and
                          order dated 05.08.2022 passed by Hon'ble Mr. Justice
                          Madhuresh Prasad in C.W.J.C. No. 11566 of 2021.”
            Patna High Court MJC No.2187 of 2022(4) dt.10-03-2026
                                                        2/2




                                   3. Learned counsel for the petitioner submits that the

                      reasoned order has been passed and as such liberty is granted to

                      agitate the same, if grievance of the petitioner still subsist.

                                   4. In that background, in the present, no contempt is

                      made out and granting liberty to agitate the matter afresh, the

                      contempt petition stands disposed of.



                                                                         (Rajiv Roy, J)
sanjeev/-

U


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