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Patna High Court

MURARI SINGHversusThe State of Bihar

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The appeal is dismissed for want of prosecution.

Summary

Murari Singh appealed against his acquittal in a criminal case decided in 2020. The appeal was filed in the Patna High Court but no counsel appeared on behalf of the appellant despite repeated calls. The court noted that the appeal had been pending for five years and the appellant appeared to have lost interest in prosecuting the matter. Consequently, the court held that the appeal could not proceed due to want of prosecution. The appeal was therefore dismissed.

Issues considered

  • What is the effect of the appellant's failure to appear and prosecute the appeal?

Subjects

  • criminal appeal
  • acquittal
  • want of prosecution
  • procedural default
  • delay

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CRIMINAL APPEAL (SJ) No.745 of 2020
                      Arising Out of PS. Case No.-143 Year-1996 Thana- AGAMKUAN District- Patna
                 ======================================================
                 MURARI SINGH Son of Braj Kishoi Singh @ Munakka Singh Resident of
                 Village - Gandhi Nagar, Plastic Pipe Factory Road, P.S.- Agam Kuan, Dist.-
                 Patna.
                                                                                   ... ... Appellant
                                                      Versus
           1.    The State of Bihar
           2.    Yogendra Singh Son of Late Dashrath Singh Resident of Village - Gandhi
                 Nagar, Plastic Pipe Factory Road, P.S.- Sultanganj, P.O. - Bahadurpur, Dist.-
                 Patna. 800026
           3.    Sonu Singh @ Nagendra Singh Son of Late Dashrath Singh Resident of
                 Village - Gandhi Nagar, Plastic Pipe Factory Road, P.S.- Sultanganj, P.O. -
                 Bahadurpur, Dist.- Patna. 800026
           4.    Dhirendra Singh Son of Late Dashrath Singh Resident of Village - Gandhi
                 Nagar, Plastic Pipe Factory Road, P.S.- Sultanganj, P.O. - Bahadurpur, Dist.-
                 Patna. 800026
           5.    Smt. Ram Raji Devi W/o Late Dashrath Singh Resident of Village - Gandhi
                 Nagar, Plastic Pipe Factory Road, P.S.- Sultanganj, P.O. - Bahadurpur, Dist.-
                 Patna. 800026
           6.     Minakshi Kumari D/o Late Dashrath Singh Resident of Village - Gandhi
                  Nagar, Plastic Pipe Factory Road, P.S.- Sultanganj, P.O. - Bahadurpur, Dist.-
                  Patna. 800026
                                                                             ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.
                 For the Respondent/s    :       Mr.Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   16-02-2026                 None appeared on behalf of the appellant

                   upon repeated call even on second occasion when

                   this matter was taken on board.

                               2.       Present       appeal         preferred          against

                   acquittal in the year 2020.

                               3. The defects, was pointed out by office in
           Patna High Court CR. APP (SJ) No.745 of 2020(3) dt.16-02-2026
                                                        2/2




                     the year 2020 itself which is still pending almost

                     after passing of five years. It transpires that the

                     appellant lost interest in prosecution.

                                  4. Considering the aforesaid, the present

                     appeal stands dismissed in want of prosecution.


                                                                    (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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