Patna High Court

Rekha DeviversusThe State Of Bihar and Ors

Decided: 7 April 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SUNIL DUTTA MISHRA

Holding

The application is dismissed for default due to the petitioner’s non‑prosecution.

Summary

Rekha Devi filed a criminal miscellaneous application arising from a 2015 case (PS Case No.1554) before the Patna High Court. The petitioner failed to appear before the court on two consecutive dates, 12 February 2026 and 7 April 2026, despite the presence of counsel for the State. The court noted that the petitioner appeared unwilling to pursue the matter. Consequently, the court held that the application could not proceed in the absence of the petitioner’s prosecution. The application was therefore dismissed for default due to non‑prosecution.

Issues considered

What is the appropriate consequence when a petitioner fails to appear and does not wish to pursue a criminal miscellaneous application?

Subjects

criminal procedure
default judgment
non-prosecution
high court
dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.51183 of 2018
                  Arising Out of PS. Case No.-1554 Year-2015 Thana- WEST CHAMPARAN COMPLAINT
                                                 District- West Champaran
                 ======================================================
                 Rekha Devi W/o Shri Ganesh Mishra, R/o Vill.- Dubauliya, P.S.- Majhauliya,
                 District- West Champaran.

                                                                               ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar.
           2.    Suresh Prasad Chaudhary S/o Tetar Chaudhary, R/o Mohalla P.S.-
                 Jakkanpur, District- Patna, Presently Posted as Additional Inspector, Excise
                 Department , Bettiah, West Champaran.
           3.    Priyaranjan S/o Not Known, Superintedent of Excise, Bettiah, West
                 Champaran.
           4.    Bachha Mahto S/o Not Known, Home Guard Personal, Membership No.
                 3339, Bettiah, West Champaran.
           5.    Baidhnath Rai, Home Gurad, Posted at Bettiah, West Champaran.
           6.    Sachhidanand Rai, Home Guard Posted at Bettiah, West Champaran.
           7.    Ramashankar Kumar , Home Guard Personal , Posted at District- Bettiah,
                 West Champaran.
           8.    Raj Mohan Dubey, Home Guard Personal, Posted at District- West
                 Champaran.
           9.    Suresh Sah, Home Gurad Personal, Posted at District- West Champaran.
           10. Saiyad Manowar Imam, Excise Officials- Bettiah, West Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    None
                 For the Opposite Party/s :    Mr. Uday Pratap Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   07-04-2026                  1. No one is present on behalf of the petitioner,

                   however, learned A.P.P. for the State is present.

                                2. On the previous date also i.e. on 12.02.2026, no one

                   was present on behalf of the petitioner and the case was

                   adjourned. The matter relates to the year 2018.
              Patna High Court CR. MISC. No.51183 of 2018(3) dt.07-04-2026
                                                          2/2




                                     3. It appears that the petitioner does not want to

                        pursue this matter, accordingly, the present Cr. Misc.

                        Application stands dismissed for default due to non-prosecution.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T

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