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Patna High Court

Arbab AshrafversusThe State Of Bihar, Through Its Surendra Prasad Sharma, Secretary, Law Department, Bihar, Patna and

Decided
Disposal
WITHDRAWN

Holding

The petition was dismissed as withdrawn.

Summary

Arbab Ashraf filed a petition in the Patna High Court seeking to initiate contempt proceedings against the Principal Judge of the Family Court, Patna, alleging violation of an order dated 05-09-2016 in Criminal Writ Jurisdiction Case No. 700 of 2016. The petitioner requested that the court punish the judge for the alleged contempt. The petition also contained a prayer for withdrawal of the petition. The court heard the parties on 09-04-2026. Upon the petitioner's request, the court granted permission to withdraw the petition and dismissed the matter as withdrawn.

Issues considered

  • Whether contempt proceedings can be initiated against the Principal Judge of the Family Court for alleged violation of a prior order

Subjects

  • contempt
  • withdrawal
  • family court
  • high court
  • criminal writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.2280 of 2017
                                                      In
                             Criminal Writ Jurisdiction Case No.700 of 2016
                 ======================================================
                 Arbab Ashraf son of Ashraful Haque, resident of Flat No. 501, City Complex,
                 Hathwa Market, Bari Path, Police Station- Kadam Kuan, District-Patna.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State Of Bihar, Through Its Surendra Prasad Sharma, Secretary, Law
                 Department, Bihar, Patna and Patna, Bihar.
           2.    Saba Khurshid Saba Khurshid Divorced wife of Abrar Ashraf and daughter
                 of Md. Khurshid Ala, Resident of D-9, Darul Faize,Indrapuri
                 colony,Samanpura,P.S.-Shastri nagar, patna
           3.    Md. Khurshid Alam Md. Khurshid Alam D-9, Darul Faiz, Indrapuri colony,
                 Samanpura, P.S.- Shastri nagar,Patna
           4.    Aazil Ashraf Aazil Ashraf minor son of Arbab Ashraf and is under the
                 custody of her mother O.P. no- 2 and 3 and resident of D-9, Darul Faiz,
                 Indrapuri colony,samanpura, P.S.- Shastri nagar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Mohammed Abu Haidar, Advocate
                 For the Opposite Party/s :    Mr. Kaushal Kumar Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   09-04-2026                  Heard the parties.

                                2. The present petition has been preferred for the

                   following relief(s):

                                              “for initiating a proceeding of contempt

                                   of this Hon’ble Court against the Principal Judge,

                                   Family Court, Patna, as he then was in-violation of

                                   the order dated 05.09.2016 passed in Cr.W.J.C. No.

                                   700 of 2016 and punishing him.”

                                3. Learned counsel for the petitioner prays for
          Patna High Court MJC No.2280 of 2017(2) dt.09-04-2026
                                                      2/2




                    withdrawal of the petition.

                                 4. Permission accorded.

                                 5. Accordingly, the MJC No. 2280 of 2017 stands

                    dismissed as withdrawn.



                                                   (Rajiv Roy, J)
Adnan/-

U


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