Patna High Court
MURARI SINGHversusThe State of Bihar
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- CHANDRA SHEKHAR JHA
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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