Patna High Court

M/S SUKHMANI ENTERPRISES THROUGH ITS PROPRIETOR MR. SARABJEET SINGH GANDHIversusThe State of Bihar

Decided: 13 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SONI SHRIVASTAVA

Holding

The application is dismissed for non‑prosecution as the petitioner failed to appear and has lost interest in the case.

Summary

The petition filed by M/s Sukhmani Enterprises sought relief before the Patna High Court. The petitioner failed to appear for the hearing despite repeated notices on 13-01-2026, as well as earlier dates of 02-12-2025 and 09-01-2026. The learned counsel for the State was present, and the court observed that the petitioner appeared to have lost interest in pursuing the matter. Consequently, the court dismissed the petitioner's application on the ground of non‑prosecution. The order was pronounced by Hon’ble Justice Smt. Soni Shrivastava.

Issues considered

Whether an application may be dismissed for non‑prosecution when the petitioner fails to appear despite repeated notices?

Subjects

criminal procedure
non‑prosecution
application dismissal
failure to appear
court procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.53793 of 2021
                  Arising Out of PS. Case No.-5028 Year-2018 Thana- PATNA COMPLAINT CASE District-
                                                           Patna
                  ======================================================
                  M/S Sukhmani Enterprises Through Its Proprietor Mr. Sarabjeet Singh
                  Gandhi Son Of Sri Taranjeet Singh Gandhi Office At 303, 3rd Floor, Shiv
                  Laxmi Plaza, Main Road, Kanker Bagh, P.S- Patrakar Nagar, P.O- Lohia
                  Nagar, Dist- Patna And R/O A/26 Vijay Shree, Jagat Apartment , Kankarbagh,
                  Sampatchak, P.S- Agamkuan, Dist- Patna
                                                                           ... ... Petitioner/s
                                                   Versus
            1.     The State of Bihar
            2.     Rakesh Kumar Son Of Late Rajendra Sah Proprietor R.K Enterprises, R/O
                   New Bmp 16, Gautam Vihar Colony, Phulwari Sharif, Khagaul Road, P.O
                   And P.S- Phulwarisharif, Dist- Patna
                                                                    ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Vishal Saurabh
                  For the Opposite Party/s :      Mr.Binod Kumar
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

4    13-01-2026                    In spite of repeated calls, none appeared on behalf of

                    the petitioner. On 02.12.2025 and 09.01.2026 also none had

                    appeared on behalf of the petitioner.

                                    2. Learned APP for the State is present before the

                    Court.

                                    3. It appears that the petitioner has lost his interest

                    in the case.

                                    4. Accordingly, this application is dismissed for

                    non- prosecution.



                                               (Soni Shrivastava, J)
anand/-
U       T

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