Patna High Court

Mr. Jitesh Kumar SachdevaversusState Of Bihar and Anr

Decided: 19 February 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SUNIL DUTTA MISHRA

Holding

The petition was dismissed for non‑prosecution.

Summary

The petitioner, Jitesh Kumar Sachdeva, filed a petition seeking to quash an order dated 19 April 2017 passed by the Chief Judicial Magistrate in Complaint Case No. 449 of 2017. No counsel appeared on behalf of the petitioner, while the State was represented by an Additional Public Prosecutor. The High Court observed that the petitioner failed to prosecute the petition. Consequently, the petition was dismissed for non‑prosecution and the interim order dated 25 August 2018 was vacated.

Issues considered

Whether a petition for quashing an order can be entertained when the petitioner fails to appear before the Court.

Subjects

Criminal Procedure Code
petition for quash
non‑prosecution
interim order vacated

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.17761 of 2018
                    Arising Out of PS. Case No.-449 Year-2017 Thana- GOPALGANJ COMPLAINT CASE
                                                     District- Gopalganj
                  ======================================================
                  Mr. Jitesh Kumar Sachdeva S/o Sh. Mahesh Sachdeva, R/o 555/Ga /180,
                  Kanhiya Kunj Vihar, Gopal Nagar Road, Krishna Nagar, Lucknow-226023.
                                                                          ... ... Petitioner/s
                                                   Versus
            1.     State Of Bihar
            2.     Akhileshwar Shahi S/o Late Kashinath Shahi, R/o N.H. 28, Sareya Ward No.
                   4, Police Station and District-Gopalganj.
                                                                      ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       None
                  For the Opposite Party/s :       Mr. Sri Ram Sevak Choudhary, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER

5    19-02-2026                   The present petition has been filed for quashing the

                    order dated 19.04.2017 passed by the learned Chief Judicial

                    Magistrate, Gopalganj in Complaint Case No. 449 of 2017.

                                  2. No one is present on behalf of the petitioner,

                    however, learned A.P.P. for the State is present. On the previous

                    date (i.e. 02.02.2026) also no one was present on behalf of the

                    petitioner.

                                  3. Consequently, the present petition stands dismissed

                    for non-prosecution.

                                  4. Interim order dated 25.08.2018 is vacated.


                                               (Sunil Dutta Mishra, J)

rakhi/-
U       T

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