IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1325 of 2008 1. NARESH MOHAN JHA, SON OF LATE KRISHNA BEHARI JHA, RESIDENT OF VILLAGE+P.O.- TARDIHA, P.S.- MADHEPUR, DISTRICT- MADHUBANI, AT PRESENT POSTED AS DEPUTY SUPERINTENDENT OF POLICE, PATNA. 2. ARUN KUMAR SINGH, SON OF LATE CHANDRA NARAYAN SINGH, RESIDENT OF VILLAGE+P.O.- BHAMSHUAR, P.S. AND DISTRICT- MADHUBANI, AT PRESENT POSTED AS DEPUTY SUPERINTENDENT OF POLICE, B.M.P.-14, PATNA. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF HOME (POLICE), BIHAR, PATNA, NAMELY, SHRI AFZAL AMANULLAH, SON OF NAME NOT KNOWN TO THE PETITIONER. 2. THE SECRETARY, DEPARTMENT OF HOME POLICE, BIHAR, PATNA, NAMELY, SH. AFZAL AMANULLAH, SON OF NAME NOT KNOWN TO THE PETITIONERS. 3. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, BIHAR, PATNA, NAMELY, SHRI SHIV CHANDRA JHA, SON OF NAME NOT KNOWN TO THE PETITIONERS. 4. THE INSPECTOR GENERAL OF POLICE, HEADQUARTER AND ADMINISTRATION, BIHAR, PATNA, NAMELY, SHRI RAJVARDHAN SHARMA, SON OF NAME NOT KNOWN TO THE PETITIONERS. ----------- 2. 03.03.2010. Learned counsel for the petitioners states that the orders passed by the Director General of Police dated 31.12.2007, Annexure- 2 is not in compliance with the orders of this Court dated 28.11.2007 passed in C.W.J.C.No. 11417 of 2001, Annexure-1 as thereunder this Court had directed the Director General of Police to consider the case of the petitioners in the light of the orders of this Court dated 21.01.2000 passed in the case of Md. Hasnain in C.W.J.C.No. 4117 of 1999 but the authorities while passing the order dated 31.12.2007, Annexure-2 has relied on the orders of the Hon’ble Supreme Court dated 27.04.2000 in the case of Braj Bihari Prasad which is contrary to the direction of this Court as this Court had asked the authorities to rely on the orders of this Court in the case of Md. Hasnain (supra). 2. It appears, the Director General of Police while passing the order impugned has relied on the orders of the Hon’ble Supreme - 2 - Court dated 27.4.2000 passed in the case of Braj Behari Prasad (supra) which inter alia grant liberty to the authorities not to perpetuate the illegality/irregularity, as was done in the case of Md. Hasnain (supra). 3. Having heard counsel for the petitioners and the State I am of the view that by passing the order dated 31.12.2007, Annexure- 2 the Director General has complied with the orders of this Court dated 28.11.2007, Annexure-1 and in case petitioner is aggrieved by the said order on the ground that it is not in tune with the directions of this Court passed in the case of Md. Hasnain, he is at liberty to challenge the same by filing fresh writ petition. 4. The contempt application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)