Patna High Court

SUBHASH PRASADversusTHE STATE OF BIHAR

Decided: 16 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SONI SHRIVASTAVA

Holding

A quashing petition is dismissed for default when the petitioner does not appear before the Court.

Summary

Subhash Prasad filed a quashing petition in the Patna High Court against the State of Bihar and M/s Star India Awas (P) Ltd. The petition was scheduled for hearing on 15-04-2024, but the petitioner failed to appear, having also been absent on a prior date, 29-03-2024. No counsel was present to press the petition or seek an adjournment, while the State’s assistant public prosecutor was present. The Court examined whether the petition could proceed in the absence of the petitioner. Relying on procedural rules that require the petitioner’s presence to advance a petition, the Court held that the petition must be dismissed for default. Consequently, the quashing petition was dismissed.

Issues considered

Whether a quashing petition may be dismissed for default when the petitioner fails to appear before the Court

Subjects

quashing petition
default
non-appearance
procedural law
Patna High Court

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.26417 of 2021
                    Arising Out of PS. Case No.-1018 Year-2012 Thana- PATNA COMPLAINT CASE District-
                                                             Patna
                    ======================================================
                    SUBHASH PRASAD SON OF LATE DHIRENDRA PRASAD Resident of
                    Village - Kagji Mohalla Danapur, Machuatoli, Danapur, Post- danapur Cantt.,
                    P.S.- Danapur, Dist.- Patna.

                                                                                  ... ... Petitioner/s
                                                        Versus
              1.    THE STATE OF BIHAR
              2.    M/s Star India Awas (P) Ltd, 201 Adharshila Complex, South Gandhi
                    maidan, P.S.- Gandhi Maidan, Dist.- Patna, through its authorized Signatory
                    Sri Arvind Kumar Son of Sri Subhash Prasad resident of Kachauri Gali City
                    Chowk, Patnacity, Post and P.S.- Jhauganj, Dist.- Patna.

                                                           ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :     None
                    For the Opposite Party/s :     Mr. Kumar Veerendra Narayan,APP
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

3      15-04-2024                      This is second consecutive day when nobody

                      appears on behalf of petitioner either to press the petition or to

                      make a prayer for adjournment. Earlier, on 29.03.2024 also,

                      there was non-appearance on behalf of petitioner. Learned A.P.P.

                      for the State is present.

                                        2. This quashing petition stands dismissed for

                      default.



                                                     (Prabhat Kumar Singh, J)
anay

U        T

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