Patna High Court
Shambhu Nath Bannerji and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- WITHDRAWN
- Bench
- SANDEEP KUMAR
Holding
The petition is dismissed for default due to the petitioners' failure to appear.
Summary
The petitioners, Shambhu Nath Bannerji and others, filed a criminal miscellaneous petition (No. 44887 of 2016) before the Patna High Court against the State of Bihar and others. The petition sought relief, but the petitioners failed to appear at any of the scheduled hearings despite repeated notices. The learned Additional Public Prosecutor for the State was present, and the court noted the petitioners' continued absence. The court cautioned the petitioners to appear on the next date, but they remained absent, indicating a loss of interest in pursuing the case. Consequently, the court dismissed the petition for default.
Issues considered
- What is the appropriate consequence when petitioners repeatedly fail to appear before the court despite being cautioned?
Subjects
- default judgment
- non-appearance
- criminal miscellaneous petition
- patna high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44887 of 2016
Arising Out of PS. Case No.-73 Year-2014 Thana- BHAGALPUR KOTWALI District-
Bhagalpur
======================================================
1. Shambhu Nath Bannerji and Anr Son of Late Baidya Nath Bannerji
2. Madhumita Bannerji, wife of Shambhu Nath Bannerji Both are resident of
403 , Maa Gauri Apartment, Ajanta Para Hirapur, P.S and District Dhanbad,
Jharkhand.
... ... Petitioner/s
Versus
1. State Of Bihar and Anr
2. Smt Mun Mun Ganguli , wife of Nilbhra Chandra Ganguli, resident of Bari
Khanjarpur, P.S. Barari, Di
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the Opposite Party/s : Mr. Ramchandra Sahani, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 05-01-2024 Nobody is present on behalf of the Petitioners 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 Petitioners to
attend the matter and the Petitioners were cautioned to attend
the matter on the next date of hearing. Despite such cautioning,
the Petitioners are not present to attend the matter, which shows
Patna High Court CR. MISC. No.44887 of 2016(3) dt.05-01-2024
2/2
that the Petitioners have lost interest to pursue the present case.
3. Hence, the present petition is dismissed for default.
(Jitendra Kumar, J)
ramesh/-
U
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