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Patna High Court

Sidheshwar Ravidas @ Sidheshwar PrasadversusThe State of Bihar through Chief Secretary Government of Bihar,

Decided
Disposal
DISMISSED

Holding

The court held that there was no contempt on the part of the opposite parties and dismissed the contempt application.

Summary

Petitioner Sidheshwar Ravidas filed a writ petition, but died during the proceedings, leading to an application for substitution of his legal heirs, which the court allowed. Subsequently, a contempt application was filed against the State and police officials alleging willful non‑registration of an FIR based on the petitioner’s written complaint concerning a disputed land. The opposite parties contended that the complaint did not disclose any cognizable offence, that the land was under dispute, and that a civil suit was pending. The court examined these submissions and found no basis to hold the opposite parties in contempt for not registering an FIR. Consequently, the contempt application was dismissed.

Issues considered

  • What is the appropriate legal test to determine contempt for alleged failure to register an FIR as directed by the court?

Subjects

  • contempt of court
  • FIR registration
  • cognizable offence
  • land dispute
  • substitution of parties
  • High Court writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.2426 of 2024
                                                     In
                              Criminal Writ Jurisdiction Case No.800 of 2021
                 ======================================================
                 Sidheshwar Ravidas @ Sidheshwar Prasad S/o Sobhan Ravidas @ Sobhan
                 Prasad, Resident of Village- Kistripur (Chistipur) P.S.- Dhanarua, District-
                 Patna.

                                                                       ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through Chief Secretary Government of Bihar, Patna,
                 Brajesh Mehratra.
           2.    The Director General of Police, Bihar Patna, Rajvinda Singh Bhatti.
           3.    The Collector cum District Magistrate, Patna, Bihar Dr. Chandra Shekhar.
           4.    The Senior Superintendent of Police Dist- Patna, Bihar Rajeev Mishra.
           5.    The Sub Divisional Officer (Masaurhi) Dist- Patna, Bihar Amit Kumar Patel.
           6.    The Sub Divisional Police Officer (S.D.P.O.) Masaurhi, Dist- Patna, Bihar
                 Nave Babhav.
           7.    The Circle Officer Dhanarua Block Dist- Patna, Bihar Saveta Kumari.
           8.    The Officer in charge of Dhanarua P.S. Dist- Patna, Bihar Lalit Vijay.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Sanjay Kumar Sinha
                 For the Opposite Party/s :    Mr. Standing Counsel 8
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

                                               ORAL ORDER

5   30-01-2026                  1. IA No. 1 of 2026 has been filed for deletion of

                   name of the petitioner and substitution of his legal heirs as the

                   petitioner has died on 27.10.2024 during pendency of this

                   application. The details of legal heirs of the deceased/petitioner

                   have been mentioned in paragraph 4 of the IA application.

                                2. Considering the nature of prayer made in the IA,

                   the same is allowed and petitioner’s name is directed to deleted
Patna High Court MJC No.2426 of 2024(5) dt.30-01-2026
                                            2/3




          and in his place, his legal heirs, details of whom are mentioned

          in the paragraph 4 of the I.A., is directed to be substituted.

                        3. Present MJC application has been filed for

          initiation of contempt proceedings against opposite parties on

          the ground that the opposite parties have deliberately and

          willfully violated the order passed by this court and have failed

          to register an FIR on the written complaint filed by the

          petitioner.

                        4. Learned counsel for the opposite parties submits

          that the direction of this Court to the petitioner was to file a

          written complaint before the police and if the complaint

          submitted by the petitioner discloses cognizable offense, then to

          register the FIR. He further submits that upon the complaint of

          the petitioner, no cognizable offense is made out. The land

          mentioned in the written complaint filed by the petitioner is

          disputed and the land in question was not under the possession

          of the petitioner. During the inquiry, the petitioner failed to

          produce any document regarding the subject land however, the

          other side has produced the relevant papers showing prima facie

          title in their favour. The police officer who conducted the

          inquiry has arrived on the finding that there is a land dispute

          between the parties for which civil case is pending in the court.
          Patna High Court MJC No.2426 of 2024(5) dt.30-01-2026
                                                      3/3




                                 5. Considering the submission advanced by the

                    learned counsel for the opposite parties, I do not find any reason

                    to initiate contempt against the opposite parties herein.

                                 6. Accordingly, the present contempt application

                    stands dismissed.



                                             (Anil Kumar Sinha, J)
HarshPandey/-

U


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