Kameshwar Prasad v. The State of Bihar Through Sanjay Kumar, Sub Divisional Officer, Masaurhi, P.S
Case at a glance
- Bench
- P B BAJANTHRI, ALOK KUMAR PANDEY
Provisions considered
- Contempt of the Courts Act, 1971 s. 20
- Constitution of India art. 215
Key paragraphs
- Para 33. Accordingly, MJC No.1975/2019 stands dismissed, reserving liberty to file fresh writ petition, in accordance with law. (P. B. Bajanthri, J) ( Alok Kumar Pandey, J) amitkumar/- U
Judgment
====================================================== Appearance : Mr. Paras Nath, Advocate For the Petitioner/s : For the Opposite Party/s : Mr. Ajay (GA 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 4 19-07-2024 The present contempt petition is not maintainable in view of the fact that order passed in CWJC No.4023/2017 is
29.03.2017, whereas present contempt petition is filed in the month of May, 2019 and it is not within one year from the date of the order or cause of action accrued to the complainant/petitioner.
Co-ordinate Bench in the case of Dr. Rajesh Kumar Sinha & Ors. Vs. The Union of India & Ors bearing M.J.C. No.1840 of 2023 in C.W.J.C. No. 13888 of 2016, elaborately discussed Section 20 of the Contempt of the Courts Act, 1971 read with Article 215 of the Constitution. Insofar as Patna High Court MJC No.1975 of 2019(4) dt.19-07-2024 maintainability of contempt petition beyond one year, taking note of the co-ordinate Bench decision, the petitioner has not made out a case.
Accordingly, MJC No.1975/2019 stands dismissed, reserving liberty to file fresh writ petition, in accordance with law. (P. B. Bajanthri, J) ( Alok Kumar Pandey, J) amitkumar/- U
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.