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Patna High Court

Saket BihariversusThe State of Bihar through the Home Department, Government of Bihar, Old Secretariat

Decided
Disposal
DISMISSED

Holding

A contempt application is dismissible when the petitioner does not press the complaint.

Summary

Saket Bihari filed a contempt application under Miscellaneous Appeal No. 3074 of 2025, seeking relief against the State of Bihar and several co‑respondents. During the hearing, the petitioner’s counsel informed the court that the grievance had been resolved and the petitioner no longer wished to pursue the contempt proceedings. The court considered whether a contempt application can be dismissed when the petitioner withdraws it. Relying on the principle that a contempt proceeding requires a complaint to be pressed, the court held that the application could be dismissed as it was not pressed. Consequently, the contempt application was dismissed, and no further orders were made.

Issues considered

  • Whether a contempt application may be dismissed when the petitioner withdraws the complaint and does not wish to proceed?

Subjects

  • contempt
  • criminal revision
  • withdrawal of complaint
  • dismissal
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.3074 of 2025
                                                    In
                                 CRIMINAL REVISION No.482 of 2025
                 ======================================================
                 Saket Bihari Son of Late Lakshman Jha, Resident of Dighra House, Club
                 Road, Pani Tanki Chowk, Musahri, Police Station- Mithanpura, District-
                 Muzaffarpur- 842002.

                                                                              ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through the Home Department, Government of Bihar,
                 Old Secretariat Patna- 800001.
           2.    Nancy Kashyap, Wife of Kastub Saurabh, Resident of Dighra House, Pani
                 Tanki Chowk, Mithanpura, Police Station- Mithanpura, District-
                 Muzaffarpur- 842002.
           3.    Kastub Saurabh, Son of Saket Bihari, Resident of Dighra House, Club Road,
                 Pani Tanki Chowk, Musahri, Police Station- Mithanpura, District-
                 Muzaffarpur- 842002.
           4.    Rekha Bihari, Resident of Dighra House, Club Road, Pani Tanki Chowk,
                 Musahri, Police Station- Mithanpura, District- Muzaffarpur- 842002.
           5.    Sneha Sonam, Daughter of Saket Bihari, Resident of Dighra House, Club
                 Road, Pani Tanki Chowk, Musahri, Police Station- Mithanpura, District-
                 Muzaffarpur- 842002.
           6.    Katyani, Daughter of Saket Bihari, Resident of Dighra House, Club Road,
                 Pani Tanki Chowk, Musahri, Police Station- Mithanpura, District-
                 Muzaffarpur- 842002.

                                                                      ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Abhishek Kumar, Advocate
                                               Ms. Naina Nancy, Advocate
                 For the Opposite Party/s :    Mr. Government Pleader 3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                                       ORAL ORDER
3   18-02-2026                     It is submitted by the learned Advocate on behalf of

                   the petitioner that the grievance of the petitioner has been

                   satisfied and he does not want to proceed with contempt

                   application being Miscellaneous Appeal No. 3074 of 2025.
           Patna High Court MJC No.3074 of 2025(3) dt.18-02-2026
                                                       2/2




                                  2. Accordingly, the instant contempt application be

                     dismissed being not pressed.



                                               (Bibek Chaudhuri, J)
Jyoti Kumari/-

U


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