Dismissed

Abaneshwar Prasad and Ors. v. The State Of Bihar and Ors.

Patna HC6 Apr 2016MJC/3003/2015

Case brief

AI extract

What is this about?

The High Court at Patna dismissed an application filed under Article 215 of the Constitution of India seeking initiation of contempt proceedings. The court held that since no mandamus had been issued in the impugned order of 1st April, 2013, the case for contempt was not made out and the application was devoid of merit.

What did the court decide?

The application for initiation of contempt proceedings was dismissed as devoid of merit due to lack of mandamus in the prior order.

Abaneshwar Prasad and Ors. Vs The State Of Bihar and Ors. — Contempt of Court | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3003 of 2015

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Cr. WJC 734 of 2011

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====================================================== 1. Abaneshwar Prasad, S/O Shri Mukteshwar Prasad, Resident of Joycee Lane-2252, Naper Ville, Illinus- 60564, United States of America, at present C/O Smt. Rati Devi (Attorney Holder), Sinha Sadan, Road No.1, Yarpur, P.S.- Gardanibagh, Town & District- Patna. 2. Ratneshwar Prasad Sinha, 3. Dineshwar Prasad Sinha, 4. Rajeshwar Prasad Sinha, 5. Someshwar Prasad Sinha, All (1 to 5) sons of Shri Mukteshwar Prasad 6. Rati Devi, W/O Mukteshwar Prasad, 7. Rina Sinha, W/O Ratneshwar Prasad Sinha, All (2, 3, 6 & 7) residents of 'Sinha Sadan', RoadNo.1, Yarpur, P.S.- Gardanibagh, Town and DistrictPatna. Petitioner Nos 4 & 5, residents of Abhinav Mansion, Block-A, Flat No. 101 & Block- B, Flat No. 401, Jai Prakash Nagar, P.S.- Rajiv Nagar, District-Patna. .... .... Petitioner/s

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Versus

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1. The State of Bihar, 2. Mr. U.C. Biswas, Secretary Cabinet, Vigilance, Govt. of Bihar, Patna. 3. Mr. Rabindra Kumar, the Director General of Police, Bureau of State Vigilance & Investigation Department, Kautilya Marg-6, Patna. .... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Prashant Sinha For the Vigilance : Mr. Santosh Kumar Pandey, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER

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4 06-04-2016 Perused the report dated 18.12.2015 submitted by the In-charge Presiding Officer, Special Court, Vigilance-1, Patna in compliance with the order dated 09.12.2015 passed by this Court.

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Heard learned counsel for the petitioners and learned counsel for the Vigilance.

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Patna High Court MJC No.3003 of 2015 (4) dt.06-04-2016

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2/2

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The present application under Article 215 of the Constitution of India has been filed for initiation of a proceeding for contempt of court against the Opposite Parties on the ground that they have deliberately and willfully violated the order dated 1^st April, 2013 passed by this Court in Cr.W.J.C. No. 734 of 2011.

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I have perused the aforesaid order dated 1^st April, 2013, as contained in Annexure-1 to the present application. It would be evident from perusal of the order that no mandamus was issued to the Opposite Parties of the present case.

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In absence of any mandamus having been issued to the Opposite Parties, this Court is of the opinion that no case for initiating a proceeding of contempt against the Opposite Parties is made out. Accordingly, the application, being devoid of any merit, is dismissed.

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(Ashwani Kumar Singh, J)

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Pradeep/-

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U T

Abaneshwar Prasad and Ors. v. The State Of Bihar and Ors.

Case brief

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Abaneshwar Prasad and Ors. v. The State Of Bihar and Ors.

Case brief

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