IN THE HIGH COURT OF JUDICATURE AT PATNA OCR. MISC (DB) No.8 of 2010 BALRAM KUMAR SINGH @ BAL RAM SINGH, Son of Late Amar Singh, resident of Mohalla-193, East Ashok Nagar, Road No.14B, Police Station Kankarbagh, Patna-20. …………………….Petitioner. Versus 1. STATE OF BIHAR 2. Mr. Chandra Kishor Mishra, Principa Secretary, Department of Health, Medical Education and Family Welfare, Government of Bihar, New Secretariat, Patna. 3. Mr. Bhanu Pratap Sharma, the then Principal Secretary, Department of Health, Medical Education and Family Welfare, Government of Bihar, New Secretariat, Patna. 4. Mr. Ram Chandra Paswan, Joint Secretary, Department of Health, Medical Education and Family Welfare, Government of Bihar, New Secretariat, Patna. 5. Mr. Pramod Kumar, Deputy Secretary, Department of Health, Medical Education and Family Welfare, Government of Bihar, New Secretariat, Patna. 6. Mr. Umesh Kumar Prasad, Section Officer, Section-1, Department of Health, Medical Education and Family Welfare, Government of Bihar, New Secretariat, Patna. 7. Mr. Pawan Kumar Singh, Assistant, Section-1, Department of Health, Medical Education and Family Welfare, Government of Bihar, New Secretariat, Patna. 8. Mr. Rajendra Mishra, Secretary and legal Advisor, Law Department, Government of Bihar, Old Secretariat, Patna. 9. Mr. Parshant Kumar Shahi, Advocate General, Bihar, Patna High Court, Patna. 10. Mr. Ahsanuddin Amanullah, Standing Counsel No.17, Advocate General Office, Patna High Court, Patna. 11. Mr. Sanjay Kumar No.1, Government Pleader No.14, Advocate General Office, Patna High Court, Patna. …………………….Opposite parties/contemnors. ----------- 3 6.12.2010 This Criminal contempt arises out of the orders dated 20.11.2006 and 1.4.2009 passed by this Court in Cr. Misc. No.40242 of 2006 which has been filed by one Balram Kumar Singh @ Bal Ram Singh (petitioner) against the contemnors- opposite parties. It is stated by learned counsel for the petitioner that the petitioner has prayed for consent for filing of this application 2 before the Learned Advocate General, Bihar by filing an application dated 30.9.2010 as contained in Annexure-11, but the same was refused by the learned Advocate General vide order dated 25.10.2010 as contained in Annexure-12. However, learned counsel for the petitioner has tried to satisfy this Court on the question of maintainability of this case regarding which the Office of this Court has also raised an objection that the petitioner has not produced the consent letter of the learned Advocate General in filing of this application. Learned counsel for the petitioner has submitted that this application is still maintainable in view of the decision taken by the Apex Court in the case of ‘P.N. Duda Vs. P. Shiv Shankar’ reported in (1988) 3 SCC 167. In our view, the judgment of the Apex Court in the case of ‘Biman Basu Vs. Kallol Guha Thakurta & Anr.’ reported in AIR 2010 SC 3328 dealing with the case of criminal contempt, the principles as laid down in paragraph 15 of the said judgment observing that ‘unless consent of the learned Advocate General is obtained, which is mandatory in nature, the application for criminal contempt cannot be maintained”, is applicable in the present case. In view of the fact that the petitioner has not been able to produce letter of consent of the learned Advocate General before us, therefore this application is not maintainable in view of the law laid down by the Apex Court in the case of ‘Biman Basu Vs. Kallol Guha Thakurta & Anr.’ reported in AIR 2010 SC 3 3328. Considering the aforesaid facts and circumstances of this case, this Court is of the opinion that this application in absence of letter of consent of the learned Advocate General is not maintainable. Accordingly, this application is dismissed as not maintainable. Learned counsel for the petitioner sought liberty of this Court to question the order dated 25.10.2010 as contained in Annexure-12 passed by the learned Advocate General before an appropriate forum. Such liberty is granted to him. Abhay Kumar (T. Meena Kumari, J.) ( Mihir Kumar Jha, J.)