IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.470 of 2009 JANKI DAS Versus THE STATE OF BIHAR & ORS ----------- 7 7.4.2010 The petitioner prays for initiation of a contempt against the Opposite parties for willful disobedience of the order dated 18.4.2008 passed in Cr.W.J.C.No.238 of 2006. In the aforesaid writ petition the petitioner has prayed for amalgamation of two cases namely Raxaul P.S. Case No.14 of 1989 and Vivek Vihar P.S. Case No.20 of 1989 in which he was convicted on 2.7.1993 and 18.12.1993 respectively. The petitioner had also prayed for other consequential relief for his release from jail custody as he had completed 14 years of actual imprisonment. This court after considering the submission of learned counsel for the parties, directed the State Remission Board to examine the case of the petitioner in respect of his release prior to 18.12.2008. A show cause has been filed on behalf of Opposite parties 2 and 3 wherein in paragraph 5 it has been stated that the delay in consideration of the case, as directed by this court, was not deliberate and the meeting of the Board finally took place on 2.3.2009 wherein the proposal for premature release of the petitioner was rejected. The State counsel has also annexed a copy of the order dated 23.11.2009 passed by the Division Bench of this court contained in Annexure-B to show that the Division Bench of this court vide order dated 23.11.2009 disposed of the suo moto contempt proceeding 2 KHAN without any positive relief to the petitioner. After perusing the records of the case, I do not find that there has been any willful disobedience of the order dated 18.4.2008 passed by this court in Cr.W.J.C.No.238 of 2006. If the petitioner is aggrieved by the decision of the Remission Board for his premature release, it would be open for him to challenge the same before the appropriate forum. With the aforesaid observations, this contempt application stands disposed of. (S.P.Singh,J)