Patna High Court - Orders
Ramjee Prasad vs The State Of Bihar & Ors on 23 June, 2014
Author: Rakesh Kumar
Bench: Rakesh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.6661 of 2012
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Ramjee Prasad , son of Late Hira Lal Seth, resident of Sasaram Road, Ward
No.3, Dhibra, Tenduri, Bikramganj, P.S. Bikramganj, District- Rohtas
.... .... Petitioner
Versus
1. The State of Bihar
2. Sri Hemchandra Sirohi, the State Election Commissioner, State
Election Commission, Bihar, Patna
3. Sri Krishna Chandra Jha, the Secretary, State Election Commission,
Bihar, Patna
4. Sri Anupum Kumar, the District Election Officer ( Nagarpalika)-cum-
the District Magistrate, Rohtas
5. Sri Rajesh Kumar, son of Sri Radha Sharan Singh, resident of village-
Maiki, P.S. Gorkha, District- Saran, posted as the Returning Officer,
Nagarpalika Aam Nirwachan,2012-cum- Sub Divisional Officer,
Bikramganj, District- Rohtas
.... .... Opp.Parties.
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Appearance :
For the Petitioner/s : Mr. Birju Prasad, Advocate
For the Respondent/s : Mr. Devendra Kr Sinha AAG2
Mr. Girish Pandey, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
ORAL ORDER
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3 23-06-2014Heard learned counsel for the petitioner, learned A.C. to A.A.G. 2, who appears on behalf of Opp.Party nos.1, 4 and 5 and learned counsel, who has appeared on behalf of Opp.Party nos. 2 and 3/ State Election Commission.
The present petition has been filed with a prayer to initiate contempt proceeding against Opp.Parties, particularly Opp.Party no.5 on allegation of willful disobedience to the order dated 15.05.2012 passed in C.W.J.C.No.9491 of 2012. By the said order, a Bench of this Court, while allowing the writ petition, had 2 Patna High Court MJC No.6661 of 2012 (3) dt.23-06-2014 2/2 directed the Sub Divisional Officer, Bikramganj to file an application before the concerned court for withdrawal of F.I.R.
In this case, a show cause on behalf of Opp.Party no.5 has been filed , wherein it has been indicated that in compliance of the order of this Court, the Sub Divisional Officer, Bikramganj vide Memo No.107 dated 13.06.2012 had ready requested the Sub Divisional Judicial Magistrate, Bikramganj in respect of withdrawal of F.I.R. in compliance with the order passed by the writ court. Learned counsel for the petitioner had tried to persuade the court that such communication is not available on record.
Be that as it may, since in compliance with the order, Opp.Party no.5 had already issued communication vide Annexure- A to the show cause, there is no need to keep the matter pending.
The petition stands disposed of.
(Rakesh Kumar, J) NKS/-