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Patna High Court

SHISHUPAL SINGHversusThe State of Bihar

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The application is dismissed for non‑prosecution.

Summary

Shishupal Singh filed an application before the Patna High Court in a criminal miscellaneous proceeding. The petitioner failed to appear on the scheduled dates of 10‑11‑2025, 03‑02‑2026 and again on 05‑02‑2026 despite repeated calls. No counsel appeared on behalf of the petitioner, while the State’s counsel was present. The Court observed that the petitioner appeared to have lost interest in pursuing the matter. Consequently, the Court dismissed the application on the ground of non‑prosecution.

Issues considered

  • Whether the Court can proceed with the application in the absence of the petitioner’s representation?

Subjects

  • non‑prosecution
  • dismissal
  • court procedure
  • criminal miscellaneous
  • absence of counsel

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.16747 of 2023
                      Arising Out of PS. Case No.-118 Year-2014 Thana- RAJIVNAGAR District- Patna
                  ======================================================
                  Shishupal Singh Son of Late Vindhyachal Singh Resident of Mauza -
                  Chandbarwan, Post - Bahrauli, P.S.- Mashrak, District - Saran (Chhapra).
                                                                              ... ... Petitioner/s
                                                     Versus
             1.    The State of Bihar
             2.   Bijay Pal Singh Son of Late Vindhyachal Singh Resident of village - Chand
                  Barawa, P.S.- Mashrakh, District - Saran at Chapra Presently residing at
                  Rajiv Nagar, Road No.- 2, Post - Keshri Nagar, P.S.- Rajiv Nagar, District -
                  Patna 800024.
             3.   Smt. Amla Singh Wife of Bijay Pal Singh Resident of village - Chand
                  Barawa, P.S.- Mashrakh, District - Saran at Chapra Presently residing at
                  Rajiv Nagar, Road No.- 2, Post - Keshri Nagar, P.S.- Rajiv Nagar, District -
                  Patna 800024.
             4.    Most. Kamla Rani Singh Wife of Late Anup Narayan Singh Resident of
                   village - Chand Barawa, P.S.- Mashrakh, District - Saran at Chapra Presently
                   residing at Rajiv Nagar, Road No.- 2, Post - Keshri Nagar, P.S.- Rajiv Nagar,
                   District - Patna 800024.
                                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      None
                  For the Opposite Party/s :      Mr.Ramchandra Sahni
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

4    05-02-2026                  Nobody had appeared on behalf of the petitioner on

                    10.11.2025 and even on 03.02.2026. Today also, upon repeated

                    calls, learned counsel for the petitioner has not appeared.

                    However, learned APP for the State is present.

                                 2. It seems that the petitioner has lost interest in the

                    case. As such, the present application is dismissed for non-

                    prosecution.


                                               (Soni Shrivastava, J)
devendra/-
U


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