Patna High Court

Md. Rizwan and AnrversusState Of Bihar and Anr

Decided: 23 March 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SUNIL DUTTA MISHRA

Holding

The application is dismissed for default due to non‑prosecution.

Summary

The petitioners, Md. Rizwan and Md. Siddique, filed a criminal miscellaneous application arising from a 2016 complaint case in the Patna High Court. No counsel appeared on their behalf on the scheduled hearing dates, and the petitioners themselves did not appear. The State and the second opposite party were represented by counsel. The court observed that the petitioners had expressed no interest in pursuing the matter, which originated in 2018. Consequently, the court dismissed the application for default on the ground of non‑prosecution.

Issues considered

What is the appropriate consequence when petitioners fail to appear and show no interest in pursuing a criminal miscellaneous application?

Subjects

default judgment
criminal miscellaneous application
non‑prosecution
adjournment
procedural dismissal

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.2607 of 2018
                        Arising Out of PS. Case No.-207 Year-2016 Thana- COMPLAINT CASE District-
                                                          Kishanganj
                   ======================================================
              1.    Md. Rizwan Son of Md. Siddique,
              2.   Md. Siddique, Son of Late Habib @ Company, Both residents of Village-
                   Hasan Dumaria, Kachan Tola, P.S.- Kochadhaman, District- Kishanganj.
                                                                           ... ... Petitioner/s
                                                    Versus
              1.   The State of Bihar.
              2.    Aarasi, Wife of Md. Rizwan, Both residents of Village- Hasan Dumaria,
                    Kachan Tola, P.S.- Kochadhaman, District- Kishanganj. at present residing
                    at Village- Sontha Tola Aambari, P.S.- Kochadhaman, District- Kishanganj.
                                                                        ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s    :       None
                   For the State           :       Mr. Indra Kumar Singh, A.P.P.
                   For the O.P. No.2       :       Mr. Firoz Ahmad, Advocate.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                         ORAL ORDER

6     23-03-2026                   No one is present on behalf of the petitioners,

                     however, learned A.P.P. for the State and learned counsel for the

                     opposite party no.2 are 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

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