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Patna High Court

Prithvi Nath DixitversusSri Deepak Kumar

Decided
Disposal
DISPOSED

Holding

The petition for contempt was disposed without granting the relief sought.

Summary

Petitioner Prithvi Nath Dixit filed a petition seeking initiation of contempt proceedings against several officials, alleging they knowingly flouted a court order dated 18-12-2019. The petition alleged that the opposite parties, including the Chief Secretary and senior police officials, disregarded the earlier judgment. The court examined a show-cause notice and a memorandum indicating that the claim was negated by the IG of Prison, Bihar. After hearing, the court granted liberty to agitate the matter but ultimately disposed of the petition (MJC No.830 of 2021). No further relief was granted and the contempt application was not proceeded with.

Issues considered

  • Did the opposite parties commit contempt of court by violating the order dated 18-12-2019?
  • Whether the petition for contempt proceedings should be entertained?

Subjects

  • contempt of court
  • civil writ jurisdiction
  • order enforcement
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.830 of 2021
                                                      In
                                Civil Writ Jurisdiction Case No.9022 of 2019
                 ======================================================
                 Prithvi Nath Dixit Son of Late Kailash Dixit resident of village- Khajuriya,
                 Police station- Laukariya, District- West Champaran (Bihar), Pin Code-
                 845105

                                                                       ... ... Petitioner/s
                                                Versus
           1.    Sri Deepak Kumar Chief Secretary, Government of Bihar, Old Secretariat,
                 Patna
           2.    Sri Mithilesh Mishra Inspector General of Police, Home Department (Kara),
                 Bihar, patna, Sardar patel Bhawan, Bailey Road, Patna
           3.    Sri Dr. Prashant Sinha Deputy Director, Kara Medical Services, Bihar, Patna
           4.    Sri Dr. Swapan Kumar Samanta Examination Controller, Institute of
                 Medical and Technology Research, Bau street, Kolkata- 700012

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Choubey Jawahar, Advocate
                 For the Opposite Party/s :    Mr. Md. Harun Quareshi, AC to SC-01
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   12-03-2026                  Heard the parties.

                                2. The present petition has been preferred for the

                   following relief(s):

                                              “for initiating a proceeding of contempt

                                   of court against the Opposite Parties who

                                   knowingly and deliberately have flouted the order

                                   dated 18.12.2019 passed by Hon'ble Mr. Justice

                                   Anil Kumar Upadhyay in C.W.J.C. No. 9022 of

                                   2019.”

                                3. A show cause of the opposite party nos. 2 to 5 is on
          Patna High Court MJC No.830 of 2021(3) dt.12-03-2026
                                                      2/2




                    record and learned State counsel has taken this Court to the

                    order vide memo no. 2396 dated 31.03.2020 to show that the

                    claim of the petitioner has been negated by the I.G., Prison,

                    Bihar, Patna.

                                 4. Granting liberty to agitate the matter, MJC No. 830

                    of 2021 stands disposed of.



                                                   (Rajiv Roy, J)
Adnan/-

U


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