Patna High Court

KASHI SAW @ Kashi Prasad and AnrversusState Of Bihar and Anr

Decided: 31 March 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SUNIL DUTTA MISHRA

Holding

The application is dismissed for default as the petitioners failed to appear and showed no interest in pursuing the matter.

Summary

The petitioners, Kashi Saw and Asha Devi, filed a criminal miscellaneous application in 2018 but failed to appear before the Patna High Court on multiple dates. The State, represented by an A.P.P., was present, while no counsel appeared for the petitioners. The court noted that the petitioners showed no interest in pursuing the matter, which had been pending for several years. Consequently, the court exercised its power to dismiss the application for default due to non‑prosecution. The order was pronounced by Justice Sunil Dutta Mishra on 31‑03‑2026.

Issues considered

Whether the criminal miscellaneous application should be dismissed for default due to the petitioners' non‑appearance and lack of interest in pursuing the case?

Subjects

criminal miscellaneous
default judgment
non‑prosecution
adjournment
patna high court

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.24532 of 2018
                        Arising Out of PS. Case No.-39 Year-2013 Thana- MAHILA P.S. District- Bhojpur
                   ======================================================
              1.    Kashi Saw @ Kashi Prasad S/o Late Chuni Sah,
              2.   Asha Devi W/o Kashi Prasad, R/o Vill.- Chanaut, P.S.- Phulwari, Distt.-
                   Patna.

                                                                                      ... ... Petitioner/s
                                                          Versus
              1.   The State of Bihar.
              2.   Sangita Kumari D/o Sri Bhagwan @ Sri Bhagwan Prasad, No.2 is R/o
                   Mohalla- Mirganj, P.S.- Ara Town, Distt.- Bhojpur.

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :        None
                   For the Opposite Party/s :        Mrs. Asha Devi, A.P.P.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                         ORAL ORDER

5     31-03-2026                  No one is present on behalf of the petitioners,

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

                                  2. On the previous dates also no one was present on

                     behalf of the petitioners and the case was adjourned.

                                  3. Since the petitioners have no interest to pursue this

                     matter which is of the year 2018, accordingly, the present Cr.

                     Misc. Application stands dismissed for default due to non-

                     prosecution.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T
Patna High Court CR. MISC. No.24532 of 2018(5) dt.31-03-2026
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