Patna High Court
Durgesh Mishra and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is dismissed for non‑prosecution.
Summary
The petitioners, Durgesh Mishra and Usha Mishra, filed a petition under Criminal Miscellaneous No.18419 of 2018 seeking to quash the order dated 27‑02‑2017 passed by the Chief Judicial Magistrate, Gopalganj, in trial 2126 of 2017 arising out of complaint case 4850 of 2016. The petition was filed in the Patna High Court but no petitioner or their counsel appeared before the Court on the hearing dates of 25‑08‑2018, 02‑02‑2026 and the present date, 19‑02‑2026. Only the Additional Public Prosecutor for the State of Bihar was present. The Court observed that the petition had not been prosecuted and, in the absence of any representation by the petitioners, could not be entertained. Consequently, the Court dismissed the petition for non‑prosecution. The order reflects the procedural requirement that a petition must be actively pursued by the petitioner to be considered by the Court.
Issues considered
- Whether the petition for quashing the order dated 27‑02‑2017 can be entertained in the absence of any petitioner representation or prosecution of the petition?
Subjects
- quash petition
- non‑prosecution
- procedural default
- criminal miscellaneous
- petition dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18419 of 2018
Arising Out of PS. Case No.-4850 Year-2016 Thana- GOPALGANJ COMPLAINT CASE
District- Gopalganj
======================================================
1. Durgesh Mishra, S/o Late Awadh Narayan Mishra,
2. Most. Usha Mishra W/o Late Markandey Mishra (Daughter in Law late
Awadh Narayan Mishra), Both 1 and 2 , R/o Village- Belwan Durga Rai,
P.O. and P.S.- Kaseya, District- Kushinagar, Uttar Pradesh.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Nibha Mishra @ Niva Mishra W/o Durgesh Mishra, R/o Village- Belwan
Durga Rai, P.O. and P.S.- Kaseya, District- Kushinagar, Uttar Pradesh
Presently residing as D/o Upendra Kumar Dwivedi R/o Village- Babhnethi,
P.O.- Badheya, P.S.- Mirganj, District- Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Pandey No-5, Advocate
For the Opposite Party/s : Mr. Sri Nand Kishore Pd, 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 27.02.2017 passed by the learned Chief Judicial
Magistrate, Gopalganj in Trial No. 2126 of 2017, arising out of
Complaint Case No. 4850 of 2016.
2. No one is present on behalf of the petitioners,
however, learned A.P.P. for the State is present. On the previous
dates (i.e. 25.08.2018 and 02.02.2026) also no one was present
on behalf of the petitioners.
Patna High Court CR. MISC. No.18419 of 2018(5) dt.19-02-2026
2/2
3. Consequently, the present petition stands dismissed
for non-prosecution.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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