Patna High Court

Rajiv SinghversusState Of Bihar and Anr

Decided: 17 March 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SUNIL DUTTA MISHRA

Holding

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

Summary

The petitioner, Rajiv Singh, filed a criminal miscellaneous application before the Patna High Court relating to a 2016 complaint case. No counsel appeared on his behalf for the hearing, and the same occurred on the previous date. The trial court is scheduled for argument, but the petitioner expressed no interest in pursuing the matter, which dates back to 2018. The learned A.P.P. for the State was present. The Court observed the petitioner’s inaction and, applying the principle of non‑prosecution, dismissed the application for default. The order was pronounced by Justice Sunil Dutta Mishra.

Issues considered

Whether the criminal miscellaneous application should be dismissed for default due to the petitioner’s failure to appear and prosecute the matter.

Subjects

Criminal Procedure Code
default judgment
non‑prosecution
high court
procedural dismissal

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.34306 of 2018
                  Arising Out of PS. Case No.-1146 Year-2016 Thana- VAISALI COMPLAINT CASE District-
                                                          Vaishali
                  ======================================================
                  Rajiv Singh Son of Marachhu Singh, Resident of Village- Madhurapur, P.S.-
                  Gauraul, Dist- Vaishali.
                                                                          ... ... Petitioner/s
                                                  Versus
            1.     The State of Bihar.
            2.     Madhu Kumari, W/o Rajeev Singh, D/o Ajay Singh, Resident of Village-
                   Madhurapur, P.S.- Goraul, Dist- Vaishali, at present residing at Village-
                   Majhauli Belsar, O.P., P.S. and Dist- Vaishali.
                                                                      ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       None
                  For the Opposite Party/s :       Mr. Yogendra Kumar, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER

7    17-03-2026                  No one is present on behalf of the petitioner, however,

                    learned A.P.P. for the State is present.

                                 2. On the previous date also no one was present on

                    behalf of the petitioner.

                                 3. As per the status report received from the Court

                    concerned, it appears that the case in the learned Trial Court is

                    fixed for argument.

                                 4. Since the petitioner has 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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