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Patna High Court · body

1998 DIGILAW 345 (PAT)

Jagdish Prasad v. State of Bihar

1998-04-28

B.M.LAL, S.K.SINGH

body1998
Order Heard learned counsel Mr. B.K. Sinha for the petitioner and learned counsel Mr. F.A. Khan for Respondents no. 1 to 3 in the matter of admission and stay. 2. It is submitted that the petitioner, Jagdish Prasad, who is a practising advocate of this Court, resides in the house of respondents no. 4 to 8, who are landlords of the petitioner. 3. It is alleged that in the intervening night of 26/27th April, 1998, the respondents no. 4 to 8 have removed the law-books and briefs (case files) and other belongings of the petitioner from his office-cum-residence. 4. The petitioner, being an advocate, is an officer of the Court and thus if any deliberate or motivated obstruction is created in performance of his regular duties of advocacy in appearing before this Court on behalf of his client, this amounts to a contempt. Besides other offences punishable under the General law or criminal laws are also attracted. 5. In the instant case, it is stated that the landlords respondents no. 4 to 8 have removed all the law books and case files of the petitioner as a result of which he is completely handicapped to defend his clients. This indeed is a serious matter. 6. Thus, the concerned District authorities of Patna i.e. the Sr. S.P, and the District Magistrate of Patna are directed to look into the matter immediately and report to the Court by the next date of hearing. 7. Notice shall also be issued to Respondents no. 4 to 8 for their appearance before this Court to show cause as to why appropriate action be not taken against them for which process etc. shall be filed by tomorrow. 8. Sri F.A. Khan, who appears for the respondent State undertakes to inform the Sr. S.P. of Patna and the Collector of Patna as also to the officer Incharge of Jakkanpur Police station who shall do the needful forthwith for restoring the normal position in respect of case files, law books and all necessary belongings which are alleged to have been removed from the office-cum-residence of the petitioner. 9. Put up tomorrow (29.4.98)