Patna High Court
Sidheshwar Ravidas @ Sidheshwar PrasadversusThe State of Bihar through Chief Secretary Government of Bihar,
- Decided
- Disposal
- DISMISSED
- Bench
- ANIL KUMAR SINHA
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
Checking your session…