Patna High Court
Dinesh Baitha @ Dinesh Kumar BaithaversusThe State of Bihar
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- SOURENDRA PANDEY
Holding
The application is dismissed for non‑prosecution and the interim order is vacated.
Summary
The petitioner, Dinesh Baitha, filed an application before the Patna High Court seeking relief against the State of Bihar and Sharda Kumari. The petitioner failed to appear before the Court on two consecutive dates, 13-01-2026 and 21-01-2026, and no counsel was appointed on his behalf. The opposite party, Sharda Kumari, appeared personally with her lawyer on both occasions. Observing the petitioner's lack of interest and representation, the Court noted that the interim order dated 20-05-2025 could no longer stand. Consequently, the Court vacated the interim order and dismissed the petitioner's application for non‑prosecution. The order was pronounced by Justice Sourendra Pandey.
Issues considered
- What is the effect of a petitioner's failure to appear and prosecute his application before the Court?
- Whether the interim order dated 20-05-2025 should be vacated in view of the petitioner's non‑prosecution?
Subjects
- non-prosecution
- vacated interim order
- absence of representation
- petition dismissed
- high court procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32899 of 2025
Arising Out of PS. Case No.-69 Year-2024 Thana- MAHILA P.S. District- Saran
======================================================
Dinesh Baitha @ Dinesh Kumar Baitha, S/o Umashankar Baitha, R/o Village-
Rampur, P.S.- Siswan (Hasanpura), Distt.- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Sharda Kumari, D/o Sri Baban Prasad Baitha, R/o Village- Chand Barwa,
P.S.- Mashrakh, Distt.- Saran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the O.P. No. 2 : Mr. Jeetendra Narayan, Adv.
For the State : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
7 21-01-2026 Today when the matter was called out in the
Chambers, there is no appearance on behalf of the petitioner.
On earlier occasion also, i.e., on 13.01.2026, the position was
the same.
2. However, the opposite party No. 2 is personally
present along with her lawyer. On the earlier occasion also, she
was personally present.
Patna High Court CR. MISC. No.32899 of 2025(7) dt.21-01-2026
2/2
3. It is the second consecutive occasion when there is
no representation on behalf of the petitioner and it seems that
the petitioner has lost his interest in the matter.
4. The interim order dated 20.05.2025 stands vacated.
5. Accordingly, the application stands dismissed for
non-prosecution.
(Sourendra Pandey, J)
Praveen-II/-
U T
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