Patna High Court

Rajesh KumarversusThe State of Bihar

Decided: 11 March 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: CHANDRA SHEKHAR JHA

Holding

The petition is dismissed for want of prosecution due to the petitioners' failure to appear.

Summary

Petitioners Rajesh Kumar and Kamlesh Kumar filed a criminal miscellaneous petition (No.20832 of 2025) arising out of a complaint case (PS No.1938, 2021) in the Patna High Court. The petitioners failed to appear before the Court despite repeated notices. The Court observed that this was the second instance of non-appearance, indicating a loss of interest in prosecuting the petition. Consequently, the Court held that the petition could not proceed without the petitioners' participation. The petition was therefore dismissed for want of prosecution.

Issues considered

What is the appropriate consequence when petitioners repeatedly fail to appear before the Court in a criminal miscellaneous petition?

Subjects

want of prosecution
criminal miscellaneous petition
non-appearance
procedural default
petition dismissed

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.20832 of 2025
                    Arising Out of PS. Case No.-1938 Year-2021 Thana- PATNA COMPLAINT CASE District-
                                                             Patna
                    ======================================================
               1.    Rajesh Kumar S/o- Late Kamdeo Prasad R/o- Jojobeda Camp Telco PO-
                     Rahargoda PS-Chhota Govindpur Distt- East Singhbhum, Jharkhand
               2.   Kamlesh Kumar S/o- Late Kamdeo Prasad R/o- Jojobeda Camp Telco PO-
                    Rahargoda PS-Chhota Govindpur Distt- East Singhbhum, Jharkhand

                                                                                  ... ... Petitioner/s
                                                        Versus
               1.   The State of Bihar
               2.   Pawan Prasad S/o- Late Madan Lal R/o- Bakarganj, Daldali Road Ps-
                    Kadamkuan Dist- Patna

                                                           ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :     None
                    For the Opposite Party/s :     Mr. Kumar Ranjit Ranjan, APP
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                          ORAL ORDER

7    13-01-2026                      This is the second occasion when none appeared on

                      behalf of petitioner on repeated calls. It appears that petitioner

                      lost interest in prosecution.

                                   2. Considering aforesaid, present petition stands

                      dismissed in want of prosecution.


                                                          (Chandra Shekhar Jha, J.)
S.Tripathi/-

U       T

Continue reading with your account

Checking your session…