Patna High Court
Vinay Kumar Sharma @ Vinay Kumar and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is dismissed for default due to the petitioners' non‑appearance.
Summary
The petitioners, a group of individuals identified as Vinay Kumar Sharma and others, filed a criminal miscellaneous petition before the Patna High Court. The State of Bihar, represented by Advocate Nagendra Prasad, appeared, but no counsel or party appeared on behalf of the petitioners despite repeated notices. The court noted that the petitioners had been cautioned to attend a subsequent hearing but failed to do so. The judge observed that the petitioners had evidently lost interest in pursuing the case. Consequently, the court dismissed the petition for default. The order was pronounced by Justice Jitendra Kumar on 28‑11‑2023.
Issues considered
- Whether the petition can be entertained despite the petitioners' failure to appear at the scheduled hearings?
Subjects
- default judgment
- non‑appearance
- petition dismissal
- criminal miscellaneous proceeding
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41383 of 2016
Arising Out of PS. Case No.-1434 Year-2015 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
1. Vinay Kumar Sharma @ Vinay Kumar and Ors son of late Devi Prasad
2. Vijay Kumar Sharma @ Vijay Kumar @ Bijju Sharma son of late Devi
Prasad
3. Vishwanath Prasad @ Millu son of Viphan Lal All are residents of mohalla -
Bari Patan Devi Lane South of Mahavir Mandir, P.O. - Guljarbagh, P.S. -
Alamganj, District - Patna.
4. Sakuntala Devi wife of Anant Sharma, daughter of late Devi Prasad Resident
of H.E.C. Ranchi, Jharkhand.
5. Shobha Devi wife of Nand Kishor Sharma, Daughter of Late Devi Prasad
resident of Jamshedpur, District - Jamshedpur, Jharkhand.
... ... Petitioner/s
Versus
1. State of Bihar and Anr
2. Manoj Kumar son of late Ram Gopal Lal Resident of mohalla - Chailitar,
P.o. - Guljarbagh, P.S. - Alamganj, District - Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None.
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
4 28-11-2023 Nobody is present on behalf of the Petitioner despite
repeated calls.
2. However, Ld. APP for the State is present.
3. Perused the case record. It transpires that even
on the last date, nobody was present on behalf of the Petitioner
to attend the matter and the Petitioner was cautioned to attend
the matter on the next date of hearing. Despite such cautioning,
the Petitioner is not present to attend the matter, which shows
Patna High Court CR. MISC. No.41383 of 2016(4) dt.28-11-2023
2/2
that the Petitioner has lost interest to pursue the present case.
4. Hence, the present petition is dismissed for
default.
(Jitendra Kumar, J)
chandan/-
U T
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