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Patna High Court

Pawan Kumar Jha and OrsversusState Of Bihar and Anr

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The application was dismissed for default due to the petitioners' failure to appear.

Summary

The petitioners filed an application in the High Court of Judicature at Patna under Criminal Miscellaneous No.42277 of 2018 arising from a police case. No counsel or party appeared on behalf of the petitioners to argue the application. The respondent was represented by Mr. Kumar Ranjit Ranjan. The court noted the absence of any representation for the petitioners. Consequently, the court dismissed the application for default. The order was pronounced by Justice Anil Kumar Sinha on 24-04-2024.

Issues considered

  • What is the appropriate course of action when an application is filed but the petitioners fail to appear before the court?

Subjects

  • default judgment
  • procedural default
  • criminal miscellaneous
  • high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.42277 of 2018
                       Arising Out of PS. Case No.-262 Year-2015 Thana- SAKRA District- Muzaffarpur
                  ======================================================
            1.     Pawan Kumar Jha
            2.    Pankaj Jha, Both sons of Late Bishnu Kant Jha,
            3.    Gulshan Kumar,
            4.    Gautam Kumar, Both sons of Pawan Kumar Jha,
            5.    Shushila Devi, W/o Late Bishnu Kant Jha,
            6.    Vijai Laxmi Devi, W/o Pankaj Jha, All residents of Village- Titra Ashanand,
                  P.S.- Sakra, Dist- Muzaffarpur.

                                                                                    ... ... Petitioner/s
                                                         Versus
            1.    State Of Bihar
            2.    Bashukinath Jha, S/o Late Madhaw Jha, Resident of Village- Titra
                  Ashanand, P.S.- Sakra, District- Muzaffarpur.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        NONE
                  For the Opposite Party/s :        Mr. Kumar Ranjit Ranjan
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                        ORAL ORDER

2    24-04-2024                  No one appears on behalf of the petitioners to press

                    this application.

                                 This application stands dismissed for default



                                               (Anil Kumar Sinha, J)
ashwani/-

U


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