Patna High Court

Madhu SharmaversusThe State of Bihar through Shri Alok Raj, the Director General,

Decided: 11 March 2026
Disposal: CONVERTED
Bench: BIBEK CHAUDHURI

Holding

The case must be converted and re‑filed as a Motion for Judicial Contempt (M.J.C.).

Summary

The petitioner, Madhu Sharma, filed an appeal that was erroneously registered as an Ordinary Criminal Miscellaneous (Or. Cr. Misc.) case. The High Court observed that the nature of the relief sought pertains to contempt of court, which must be filed as a Motion for Judicial Contempt (M.J.C.). The court directed the petitioner to rectify the filing within one week. No substantive merits of the underlying dispute were addressed. The order is procedural, requiring the petitioner to re‑file the petition correctly.

Issues considered

Whether the appeal should be filed as an Ordinary Criminal Miscellaneous case or as a Motion for Judicial Contempt

Subjects

contempt of court
procedural filing
criminal miscellaneous
judicial order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Or. Criminal Miscellaneous No.2 of 2024
                         Arising Out of PS. Case No.-1 Year-2004 Thana- VIGILANCE District- Patna
                  ======================================================
                  Madhu Sharma

                                                                              ... ... Petitioner/s
                                                     Versus
                  The State of Bihar through Shri Alok Raj, the Director General,

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Jagnnath Singh
                  For the Opposite Party/s :        Mr.Arvind Kumar
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                                        ORAL ORDER

2    11-03-2026                  The learned Advocate for the petitioner and the

                    learned Advocate for the Respondent Nos. 1 to 4 are present.

                                 2. It appears from the record that the instant appeal

                    has been registered as Or. Cr. Misc. However, the application is

                    to be filed as M.J.C. (Contempt).

                                 3. Therefore, the petitioner is directed to take step

                    within one week from the date of this order to convert this case

                    as M.J.C.



                                               (Bibek Chaudhuri, J)
uttam/-

U

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