Patna High Court
BRAJESH KUMARversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The petition is dismissed for non‑prosecution due to the petitioners' failure to file the notices within the stipulated time.
Summary
The petitioners, Brajesh Kumar and Bhagwan Singh, filed a criminal miscellaneous petition in the Patna High Court seeking relief against the State of Bihar and Lalan Singh Yadav. The learned Additional Public Prosecutor (APP) informed the Court that the petitioners had been directed to serve notices on the second opposite party within three weeks, with a final date of 04‑07‑2024. The petitioners allegedly filed the required notices on 05‑07‑2024, i.e., after the prescribed deadline had expired. The Court examined the office note dated 05‑07‑2024, which confirmed that the notices had not been filed within the stipulated period. Relying on the procedural requirement that failure to serve notices on time amounts to non‑prosecution, the Court dismissed the petition. The order was pronounced by Justice Satyavrat Verma.
Issues considered
- Whether the petition should be dismissed for failure to file the required notices on the opposite party within the time prescribed by the Court?
Subjects
- Criminal Procedure Code
- notice filing
- time limit
- non‑prosecution
- petition dismissal
- procedural default
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41138 of 2024
Arising Out of PS. Case No.-787 Year-2023 Thana- BHOJPUR COMPLAINT CASE
District- Bhojpur
======================================================
1. BRAJESH KUMAR SON OF SRI BHAGWAN SINGH R/O- VILLAGE-
KARWAN, P.S.- UDWANTNAGAR, DISTRICT- BHOJPUR AT ARA
2. SRI BHAGWAN SINGH SON OF LATE RAM ASHISH SINGH R/O-
VILLAGE- KARWAN, P.S.- UDWANTNAGAR, DISTRICT- BHOJPUR
AT ARA
... ... Petitioner/s
Versus
1. The State of Bihar
2. LALAN SINGH YADAV SON OF LATE SADHUSHARAN SINGH R/O-
VILLAGE- CHAKIYAN, P.S.- UDWANTNAGAR, DISTRICT- BHOJPUR
AT ARA
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Mishra, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 13-08-2024 Heard learned counsel for the petitioners as well as
learned APP for the State.
2. The learned APP, Mr. Rabindra Kumar submits that
the case was taken up on 13.06.2024 by a learned coordinate
Bench and the petitioner was directed to file notices upon the
O.P. No.2 by both modes within a period of three weeks, failing
which the petition will be dismissed.
3. It is further submitted that from perusal of the
office note dated 05.07.2024, it would manifest that the same
records that notice, requisites etc. under the both modes have
Patna High Court CR. MISC. No.41138 of 2024(3) dt.13-08-2024
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not been filed as yet by the learned counsel for the petitioner.
However, in the meantime Vakalatnama filed on behalf of
informant on 28.06.2024 and kept at flag-K.
4. The learned APP submits that the last date as per
order dated 13.06.2024 for filing the notices on O.P. No.2 was
04.07.2024, on which the learned counsel appearing on behalf
of the petitioner submits that notices were filed but on
05.07.2024, after peremptory time was over.
5. Considering the submissions made by the learned
APP, the case is dismissed for non-prosecution.
(Satyavrat Verma, J)
Prakash Narayan
U T
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