Allowed

Ishwar Dayal Prasad v. The Registrar General Patna High Court and Ors.

Patna HC3 Sept 2013CWJC/13850/2013

Case brief

AI extract

What is this about?

The Patna High Court permitted the withdrawal of a writ application containing scandalous averments against the Family Court. The petitioner apologized and withdrew the case, leading the court to direct the deletion of offending paragraphs and warn the petitioner against future misconduct.

What did the court decide?

The writ application was permitted to be withdrawn with a direction to delete the averments in paragraphs 10 and 12 by pouring black ink over them.

Ishwar Dayal Prasad Vs The Registrar General Patna High… — Contempt of Court | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.13850 of 2013

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====================================================== 1. Ishwar Dayal Prasad Son of Late Muneshwar Prasad Resident of Mohalla- Gewal Bigha, P.S.:- Rampur, District- Gaya

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.... .... Petitioner Versus 1. The Registrar General, Patna High Court, Patna 2. The Civil Court (Administrative Capacity) Patna through Its Registrar 3. Sri Rajesh Kumar Srivastava, Additional Principal Judge, Family Court, Patna 4. Ekta Anand Verma @ Reena Verma Wife Of Ishwar Dayal Prasad And Daughter Of Banwari Lal Resident Of Mohalla- Chhotaki Bazar, P.O.Madho Mill, P.S.- Malsalami, Patna City, District- Patna

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.... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Birju Prasad, advocate For the Respondents No. 1& 2 : Mr. Binodanand Mishra, advocate For the State : Mr. Anjani Kumar, AAG X ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER

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5 03-09-2013 This court vide order dated 25.07.2013, taking note of the averments made in paragraphs 10 and 12 of this application filed under Article 227 of the Constitution of India, had asked the petitioner to show cause as to why the court should not consider initiating a proceeding for criminal contempt against him as such averments, in the opinion of this court, amounted to scandalizing the court of Additional Principal Judge, Family Court at Patna.

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Subsequent to the said order, the petitioner filed an application seeking withdrawal of the averments, as contained in paragraphs 10 and 12 of the application. Thereafter, a show cause

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Patna High Court CWJC No.13850 of 2013 (5) dt.03-09-2013

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2/2

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reply was filed on 21.08.2013. The petitioner took a plea in the show cause reply that the averments were made under wrong legal advice. Again tendering unqualified apology, the petitioner prayed for deleting the averments made in paragraphs 10 and 12 of the application.

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However, in the facts and circumstances of the case, learned counsel for the petitioner has sought permission for withdrawal of the case.

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The conduct of the petitioner is uncondonable. However, in the facts and circumstances of the case, this court does not intend to proceed any further but the petitioner is forewarned that he should be cautious in future otherwise it will entail serious consequences.

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This writ application is permitted to be withdrawn with a direction that the averments made in paragraphs 10 and 12 shall be deleted from the records by pouring black ink over the entire paragraphs in both copies of the this application in course of the day.

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(Chakradhari Sharan Singh, J)

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BKS/-

Ishwar Dayal Prasad v. The Registrar General Patna High Court and Ors.

Case brief

What is this about?

What did the court decide?

Ishwar Dayal Prasad v. The Registrar General Patna High Court and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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