Patna High Court

Amerika Devi @ America DeviversusThe State of Bihar

Decided: 5 August 2025
Disposal: DISMISS FOR NON-PROSECUTION
Bench: NAWNEET KUMAR PANDEY SHAILENDRA SINGH

Holding

The appeal is dismissed for want of prosecution.

Summary

The appellant, Amerika Devi, filed a criminal appeal (SJ) No.518 of 2025 before the Patna High Court arising from a 2023 police case in Darbhanga. No counsel appeared on behalf of the appellant, and despite an earlier adjournment granted on 21‑07‑2025, the appellant failed to file a petition for condonation of delay under Section 5 of the Limitation Act. The court noted the absence of any prosecution steps by the appellant. Consequently, Justice Nawneet Kumar Pandey dismissed the appeal for want of prosecution. The order underscores the necessity of timely filing of condonation petitions and active prosecution of appeals.

Issues considered

Whether the appeal can proceed without a condonation petition under Section 5 of the Limitation Act
Whether the appeal should be dismissed for want of prosecution due to non‑appearance of counsel

Legislation cited

Limitation Act — s. 5

Subjects

Criminal Appeal
Limitation Act
Condonation of Delay
Dismissal for Want of Prosecution

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.518 of 2025
                        Arising Out of PS. Case No.-78 Year-2023 Thana- SC/ST District- Darbhanga
                  ======================================================
                  Amerika Devi @ America Devi Wife of Sri Ganga Chopal @ Gaya Chaoupal
                  Village- Habidih PS- Baheri District- Darbhanga

                                                                                    ... ... Appellant/s
                                                        Versus
                  The State of Bihar bihar

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s     :        None
                  For the Respondent/s    :        Mr.Usha Kumari 1
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                  PANDEY
                                        ORAL ORDER

4    05-08-2025                 None appears on behalf of the appellant and in spite

                    of an adjournment being given by order dated 21-07-2025 to the

                    appellant as sought for, the petition for condonation of delay

                    under Section 5 of Limitation Act has not been filed.

                                2. Accordingly, the present Memo of Appeal is

                    dismissed for want of prosecution.



                                         (Nawneet Kumar Pandey, J)
A.K.V.//-

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Usha Kumari