IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2202 of 2007 1 BABUNA DUBEY, S/O Late Ramji Dubey, resident of Village-Katahari, P.S. Sathi, District-West Champaran, Bettiah. 2 Shyam Balak Rai, S/O Late Baristor Rai, resident of Village- Katahari, P.S. Sathi, District-West Champaran. -- Petitioners Versus 1. The State of Bihar, though Mr. Ashok Kumar Chaudhary, the Chief Secretary, Govt. of Bihar,Patna 2. Mr. Aashish Ranjan Sinha, the Director General of Police,Bihar,Patna 3. Mr. Afzal Ammanullah, the Home Secretary, Govt. of Bihar,Patna 4. Mr. Bachu Singh Mina, the Superintendent of Police, West Champaran, Bettiah. --- Opp.Parties. with MJC No.2229 of 2007 LACHMAN RAO, Son of Late Janak Sao, resident of Village-Katahari, P.S. Sathi, District-West Champaran, Bettiah. -------------- Petitioner Versus 1. STATE OF BIHAR 2. The State of Bihar, though Mr. Ashok Kumar Chaudhary, the Chief Secretary, Govt. of Bihar,Patna 3. Mr. Aashish Ranjan Sinha, the Director General of Police,Bihar,Patna 4. Mr. Afzal Ammanullah, the Home Secretary, Govt. of Bihar,Patna 5. Mr. Bachu Singh Mina, the Superintendent of Police, West Champaran, Bettiah. --------- Opp.Parties. ----------- 5 09-12-2009 Learned counsel for the petitioners does not press M.J.C.No.2202 of 2007. Hence, the same is accordingly dismissed as not - 2 - pressed. Regarding M.J.C.No.2229 of 2007 it is submitted by learned counsel for the petitioner that the direction in the said case was given to the Home Secretary to consider the petitioners’ memorandum and take a just and reasonable decision in the light of the relevant facts and circumstances in accordance with law, but the same has not been done by the Home Secretary. In the show cause filed on behalf of the Secretary, Home( Police) Department , Govt. of Bihar, it is stated that no representation was pending before the Principal Secretary ,Department of Home, Govt. of Bihar, Patna on or after the date of passing of the order in C.W.J.C.No.11652 of 2003. Therefore, the appeal representation of the petitioner was rejected by Memo No.1032 dated 11.11.2009 by the Director General of Police after review/ examination of the representation of the petitioner which order has been annexed as Annexure-C to the show cause. Accordingly the order dated 16.11.2006 passed in C.W.J.C.No.11562 of 2003 stands complied with by the Opp. Parties. - 3 - It is evident that the writ petition itself was dismissed as withdrawn after some argument of learned counsel for the petitioner and on the statement of the learned counsel that an appeal was pending before the Home Secretary ,this Court had expected that the Home Secretary will consider the petitioner’s memorandum and take a just and reasonable decision in the light of the relevant facts and circumstances and in accordance with law. Since no such representation was pending before the Home Secretary and even according to the Police Manual, the matter has to be considered under Rule 851 at the level of the Dy.Inspector General of police and under Rule 853(A)(a) the D.G.P. has power to review the same ,the said powers having been exercised on due consideration of the matter, it does not appear that any contempt of this Court’s order has been committed. The contempt application, i.e., M.J.C.No.2229 of 2007, is also dismissed. NKS/- ( Ramesh Kumar Datta,J)