Patna High Court

PANKAJ SHARMA @ PANKAJ THAKURversusThe State of Bihar

Decided: 20 February 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SONI SHRIVASTAVA

Holding

The petition is dismissed for want of prosecution.

Summary

The petitioner, Pankaj Sharma, filed a criminal miscellaneous petition (No.1444 of 2023) against the State of Bihar arising from a police case. The petitioner failed to appear before the High Court despite repeated notices, and no counsel was appointed for him. The learned Assistant Public Prosecutor for the State was present. The Court observed that the petitioner appeared uninterested in pursuing the matter. Consequently, the petition was dismissed for want of prosecution.

Issues considered

What is the appropriate course of action when a petitioner repeatedly fails to appear before the Court?
Can a petition be dismissed for want of prosecution due to non-appearance of the petitioner?

Subjects

Criminal Procedure Code
Want of prosecution
Non-appearance
Dismissal
High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1444 of 2023
                      Arising Out of PS. Case No.-267 Year-2022 Thana- SARAIYA District- Muzaffarpur
                  ======================================================
                  PANKAJ SHARMA @ PANKAJ THAKUR Son of Bhola Thakur Resident of
                  village - Mungauli, P.S.- Saraiya, District - Muzaffarpur

                                                                                    ... ... Petitioner/s
                                                         Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        None.
                  For the Opposite Party/s :        Mr. Zainul Abedin, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

10   20-02-2026                    In spite of repeated calls, none appeared on behalf of

                    the petitioner. Yesterday also none had appeared on behalf of the

                    petitioner, although, in the interest of justice, it was listed for

                    today.

                                 2. Learned APP for the State is present before the

                    Court.

                                 3. It appears that the petitioner is not interested in

                    pursuing this case.

                                 4. Accordingly, it is dismissed for want of

                    prosecution.


                                               (Soni Shrivastava, J)

Trivedi/-
U       T

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