Patna High Court

PRADEEP KUMAR TIWARI @ PRADEEP KR. TIWARIversusThe State of Bihar

Decided: 13 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SONI SHRIVASTAVA

Holding

The application is dismissed for non‑prosecution as the petitioner failed to appear and demonstrated loss of interest.

Summary

The petitioner, Pradeep Kumar Tiwari, filed an application in a criminal miscellaneous case arising from a complaint in Buxar. No counsel appeared on behalf of the petitioner on the scheduled dates of 09.12.2024 and 09.01.2026, nor did the petitioner respond to repeated calls. The court observed that the petitioner had apparently lost interest in pursuing the matter. Consequently, the judge held that the application could not be proceeded with due to the petitioner’s non‑prosecution. The application was therefore dismissed.

Issues considered

Whether an application may be dismissed for non‑prosecution when the petitioner fails to appear before the court

Subjects

non-prosecution
petitioner's non-appearance
application dismissal
criminal miscellaneous

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.23530 of 2021
                  Arising Out of PS. Case No.-943 Year-2019 Thana- BUXAR COMPLAINT CASE District-
                                                          Buxar
                  ======================================================
                  Pradeep Kumar Tiwari @ Pradeep Kr. Tiwari Son Of Baijnath Tiwari R/O
                  Village- Naunaura, P.O.- Hathua, Rajpur, P.S.- Rajpur, District- Buxar.
                                                                               ... ... Petitioner/s
                                                    Versus
             1.   The State of Bihar
             2.   Rajesh Kumar Pandey Son Of Sri Raj Narayan Pandey R/O Village-
                  Jagdishpur, P.S.- Buxar (MUFFASIL), District- Buxar.
                                                                       ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      None
                  For the Opposite Party/s :      Mr. A.G
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

5    13-01-2026                  It appears from the records that no one had appeared

                    on behalf of the petitioner on 09.12.2024 and also on

                    09.01.2026.

                                 2. Today also on repeated calls, no one appears on

                    behalf of the petitioner to press the application.

                                 3. It appears that the petitioner has lost interest,

                    accordingly, the application is dismissed for non-prosecution.



                                               (Soni Shrivastava, J)
devendra/-

U      T

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