Patna High Court

DEVENDRA SINGH @ DEVENDRA KUMAR SINGHversusThe State of Bihar

Decided: 8 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SONI SHRIVASTAVA

Holding

The application for non‑prosecution is dismissed due to the petitioner's failure to appear and apparent loss of interest.

Summary

The petitioner, Devendra Singh, filed an application seeking non-prosecution in a criminal miscellaneous case (No. 28294 of 2021) arising from a police report. The State, represented by counsel, appeared before the court, but the petitioner failed to appear despite repeated notices on 02-12-2025 and 07-01-2026. The court observed that the petitioner appeared to have lost interest in pursuing the matter. Consequently, the court dismissed the petitioner's application on the ground of non‑prosecution due to his non‑appearance. The order was pronounced by Hon'ble Justice Smt. Soni Shrivastava.

Issues considered

What is the appropriate consequence when a petitioner fails to appear for a non‑prosecution application?

Subjects

Criminal Procedure Code
non‑prosecution
default
application dismissal
court procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.28294 of 2021
                       Arising Out of PS. Case No.-206 Year-2020 Thana- SANDESH District- Bhojpur
                  ======================================================
                  DEVENDRA SINGH @ DEVENDRA KUMAR SINGH SON OF LATE
                  CHANDRAVANSH SINGH R/O VILLAGE - TRIKAUL, P.S.- SANDESH
                  DIST- BHOJPUR.                            ... ... Petitioner/s
                                           Versus
            1.     The State of Bihar
            2.    YOGENDRA SINGH SON OF LATE RAM NARAYAN SINGH R/O
                  VILLAGE- TRIKAUL, P.S- SANDESH, DIST- ARA
            3.     RANJIT SINGH SON OF LATE RAM NARAYAN SINGH R/O
                   VILLAGE- TRIKAUL, P.S- SANDESH DIST- ARA
                                                            ... ... 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

4    08-01-2026                  In spite of repeated calls, none appeared on behalf of

                    the petitioner. On 02.12.2025 and 07.01.2026 also none had

                    appeared on behalf of the petitioner.

                                 2. Learned APP for the State is present before the

                    Court.

                                 3. It appears that the petitioner has lost his interest in

                    the case.

                                 4. Accordingly, this application is dismissed for non-

                    prosecution.


                                               (Soni Shrivastava, J)

Trivedi/-
U       T

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