Patna High Court

Raj Kumar Sah and OrsversusThe State Of Bihar

Decided: 12 February 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SUNIL DUTTA MISHRA

Holding

A petition for quashing a criminal proceeding is dismissed if the petitioners do not appear, on the ground of non‑prosecution.

Summary

The petitioners sought to quash the criminal proceeding (Goraul PS Case No.216 of 2016) pending before the SDJM, Hajipur. No counsel appeared on behalf of the petitioners, and the State was represented by A.P.P. Narsingh Tanti. The Court noted the petitioners’ failure to appear on two consecutive dates. Consequently, the Court dismissed the petition on the ground of non‑prosecution. The dismissal leaves the original criminal proceeding unaffected.

Issues considered

Whether a petition for quashing a criminal proceeding can be entertained when the petitioners fail to appear before the Court?

Subjects

quash petition
criminal procedure code
non‑prosecution
dismissal

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.30532 of 2018
                        Arising Out of PS. Case No.-216 Year-2016 Thana- GORAUL District- Vaishali
                  ======================================================
            1.     Raj Kumar Sah, son of Late Jhameli Sah
            2.    Manish Kumar
            3.    Amit Kumar Both Sons of Raj Kumar Sah, All Residents of Village and P.S.-
                  Goraul, District- Vaishali.

                                                                                    ... ... Petitioner/s
                                                         Versus
                  The State Of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        None
                  For the Opposite Party/s :        Mr. Narsingh Tanti, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER

3    12-02-2026                    The present petition has been filed for quashing the

                    entire proceeding of Goraul P.S. Case No. 216 of 2016 dated

                    20.09.2016, G.R. No. 3737 of 2016/ T.R. No. 3838 of 2017, pending

                    in the Court of learned S.D.J.M., Hajipur, Vaishali.

                                 2. No one is present on behalf of the petitioners, however,

                    learned A.P.P. for the State is present. On the previous date (i.e.

                    28.01.2026) also no one was present on behalf of the petitioners.

                                 3. Consequently, the present petition stands dismissed for

                    non-prosecution.



                                               (Sunil Dutta Mishra, J)
rakhi/-
U       T

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