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Patna High Court

M/S TAJ TECHNOTECH LTD. THROUGH SRI BHUPENDRA ACHARYA @ BHUPENDRA AACHARYA C. M. D. and ORSversusState Of Bihar and Anr

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The criminal miscellaneous application is dismissed for default due to non‑prosecution by the petitioners.

Summary

The petitioners, comprising M/s Taj Technotech Ltd., M/s Taj Autochem Ltd., and an individual, filed a criminal miscellaneous application in 2018. Hearings were scheduled in 2026, but no representative appeared for the petitioners on two consecutive dates. The State of Bihar, represented by A.P.P. Nirmal Kumar Sinha, was present. The court observed that the petitioners showed no interest in pursuing the matter. Consequently, the court dismissed the criminal miscellaneous application for default due to non‑prosecution.

Issues considered

  • Whether the criminal miscellaneous application should be dismissed for default owing to the petitioners' failure to appear and prosecute the matter?

Subjects

  • Criminal Procedure Code
  • default judgment
  • non-prosecution
  • dismissal
  • High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.53432 of 2018
                  Arising Out of PS. Case No.-29027 Year-2014 Thana- PATNA COMPLAINT CASE District-
                                                           Patna
                  ======================================================
            1.     M/S Taj Technotech Ltd. Through Sri Bhupendra Acharya @ Bhupendra
                   Aacharya [C.M.D.], M/S Taj Technotech Ltd. G-502, 5 th Floor, City Center,
                   Matigaha Uttroyan, Siliguri, P.S. Matigha [W.B.]
            2.    Sri Bhupendra Acharya [C.M.D.] M/s Taj Autochem Ltd. 302, Bindeshwari
                  Plaza, Birchand Patel Marg, Near Income Tax Office, P.S. Kotwali, Patna.
            3.    Ravi Shankar Sharma [E.D.] Son of Late T.P.Sharma, Sultanpur, Koiri Tola,
                  P.S. Danapur, District-Patna.
                                                                          ... ... Petitioner/s
                                                  Versus
            1.    The State of Bihar.
            2.     Sanjay Prasad Sinha S/o Sri Ramchandra Prasad, C/o Sinha Enterprises,
                   Opp. Sushil Apartment, Park Road, Kadamduan, P.S. Kadamkuan, Patna-
                   800003.
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       None
                  For the Opposite Party/s :       Mr. Nirmal Kumar Sinha, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER

5    27-04-2026                  No one is present on behalf of the petitioners, however,

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

                                 2. On the previous date also i.e. on 07.04.2026, no one

                    was present on behalf of the petitioners and the case was

                    adjourned.

                                 3. Since the petitioners have no interest to pursue this

                    matter which is of the year 2018, 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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