Patna High Court
Sachchidanand Saw and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- SUNIL DUTTA MISHRA
Holding
The miscellaneous application is dismissed for default due to non‑prosecution.
Summary
The petitioners, a group of relatives of the deceased Mishri Saw, filed a miscellaneous application in the Patna High Court concerning a criminal case (Cr. Misc. No.43447 of 2018) that was at the evidence stage in the trial court. No counsel appeared on behalf of the petitioners, and the State was represented by A.P.P. Smt. Gulnar Begam. The trial court report indicated the case was still pending on evidence, but the petitioners expressed no interest in pursuing the matter further. The High Court noted the petitioners' lack of interest and the passage of time since the original filing in 2018. Consequently, the Court dismissed the miscellaneous application for default due to non‑prosecution.
Issues considered
- What is the appropriate disposition of a miscellaneous application when the petitioners show no interest in pursuing a pending criminal case?
Subjects
- criminal procedure
- default
- non-prosecution
- miscellaneous application
- case dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43447 of 2018
Arising Out of PS. Case No.-4 Year-2010 Thana- PIRI BAZAR District- Lakhisarai
======================================================
1. Sachchidanand Saw.
2. Siwan Saw @ Shivnandan Saw,
3. Krishna Nandan Saw, All Sons of Late Mishri Saw.
4. Chandra Shekhar Azad,
5. Amar Saw @ Amar Singh, Both sons of Sachchidanand Saw,
6. Shyama Devi, Wife of Sachchidanand Saw, All residents of Village and P.S.
- Piri Bazar, District- Lakhisarai.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Bechan Chaudhary, Son of Chaitu Chaudhary, resident of Village- Piri
Bazar, P.S.- Piri Bazar, District- Lakhisarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the Opposite Party/s : Smt. Gulnar Begam, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 27-04-2026 No one is present on behalf of the petitioners,
however, learned A.P.P. for the State is present.
2. Vide order dated 26.03.2026, a report regarding
present status of case was called for and the same was sent vide
Letter No.31 of 2026 dated 30.03.2026 by the learned Trial Court.
As per the said report of the learned Trial Court, it is stated that
the present stage of the case is on evidence.
3. Since the petitioners have no interest to pursue this
matter which is of the year 2018, accordingly, the present Cr.
Patna High Court CR. MISC. No.43447 of 2018(4) dt.27-04-2026
2/2
Misc. Application stands dismissed for default due to non-
prosecution.
(Sunil Dutta Mishra, J)
Ritik/-
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