Patna High Court
Raj Kumar Saw @ Raj kumarversusThe state of bihar and anr
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application is dismissed for failure to comply with the Court’s order.
Summary
Petitioner Raj Kumar filed a criminal miscellaneous application before the Patna High Court. The Court, on 18 July 2024, directed the petitioner to file the requisite documents and serve notice to the second opposite party, the police inspector, within one week. The petitioner failed to appear and did not comply with the order. The State’s counsel appeared, but the petitioner remained absent. Consequently, the Court dismissed the application on the ground of non‑compliance and lack of prosecution.
Issues considered
- Whether the petitioner’s failure to comply with the Court’s order warrants dismissal of the criminal miscellaneous application?
Subjects
- criminal procedure
- non‑compliance
- dismissal
- miscellaneous application
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4766 of 2019
Arising Out of PS. Case No.-91 Year-2017 Thana- SHEKHPURA District- Sheikhpura
======================================================
Raj Kumar Saw @ Raj kumar Indal Saw @ Inder Dev Prasad Mohalla-
Lalbagh,P.S-Sheikhpura,Distt.-Sheikhpura
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Santosh Kumar Singh Name Not Known Police Inspector, Police Station-
Sheikhpura,Distt.-Sheikhpura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the Opposite Party/s : Mr. Brajendra Nath Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 03-02-2026 Despite repeated calls, none has appeared for the
petitioner, however, the learned counsel for the State is present.
2. On 18.07.2024, the following order was passed:-
“Learned counsel for the petitioner
appeared today to assist this Court.
Issue notice to opposite party no.2, for
which requisites etc. must be filed with both the
processes, under ordinary process as well as registered
cover/speed post with A/D within one week.
Put up this case after receipt of the service
of notice upon O.P. No.2 or his appearance, whichever
is earlier”
3. The order dated 18.07.2024 has not been complied
with by the petitioner. It appears that the petitioner is not
Patna High Court CR. MISC. No.4766 of 2019(7) dt.03-02-2026
2/2
interested in pursuing the case.
4. Accordingly, this application is dismissed for non-
compliance of the order dated 18.07.2024 and for non-
prosecution.
(Sandeep Kumar, J)
Shishir/-
U
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