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Patna High Court

Anand Bhushan Yadav @ Prabhunath YadavversusThe State Of Bihar

Decided
Disposal
DISMISSED

Holding

The petition is dismissed for non-prosecution because the petitioner failed to appear on successive dates and showed no interest in pursuing the matter.

Summary

This order was passed in Criminal Miscellaneous No.55055 of 2024, arising out of Mahila P.S. Case No.82 of 2021, District Saran. The petitioner, Anand Bhushan Yadav @ Prabhunath Yadav, did not appear on 09.01.2026. When the matter was called out again, no one appeared on behalf of the petitioner. Counsel for opposite party no.2 and the Additional Public Prosecutor for the State were present. They submitted that the petitioner has no interest in pursuing the matter and that it need not remain pending. The High Court accepted this submission. The criminal miscellaneous petition was accordingly dismissed for non-prosecution. No adjudication on merits was made.

Issues considered

  • Whether the criminal miscellaneous petition should be dismissed for non-prosecution when the petitioner repeatedly fails to appear and is reported to have no interest in pursuing the matter?

Subjects

  • Criminal Miscellaneous
  • Non-prosecution
  • Dismissal for non-prosecution
  • Absence of petitioner
  • Patna High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.55055 of 2024
                                               In
                               CRIMINAL MISCELLANEOUS No.20397 of 2022
                        Arising Out of PS. Case No.-82 Year-2021 Thana- MAHILA P.S. District- Saran
                  ======================================================
                  Anand Bhushan Yadav @ Prabhunath Yadav Son of Late Mukh Lal
                  Chaudhari Village- Bindusar PS- Siwan mufassil Dist- Siwan.


                                                                                     ... ... Petitioner/s

                                                         Versus

            1.    The State of Bihar
            2.    Nilam Kumari @ Alpana Kumari Wife of Anand Bhushan Yadav @ Prabhu
                  Nath Yadav, D/O Sri Dalan Prasad Yadav R/O Vill.- Nandpur, P.s.- Manjhi,
                  Dist.- Saran At Chapra.


                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        None
                  For the State            :        Mr. Md. Matloob Rab, APP-34
                  For the O.P. No. 2       :        Mr. Harsh Singh, Adv.
                                                    Mr. Abhijeet, Adv.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                        ORAL ORDER

15   06-02-2026                      On 09.01.2026, no one appeared on behalf of the

                    petitioner.

                                  2. Today also when the matter is called out, no one

                    appears on behalf of the petitioner.

                                  3. Learned counsel for the opposite party no.2 as well

                    as learned A.P.P. for the State is present and submitted that the

                    petitioner has no interest to pursue the matter and hence, there is

                    no need to keep this matter pending.
           Patna High Court CR. MISC. No.55055 of 2024(15) dt.06-02-2026
                                                       2/2




                                  4. Accordingly, the present petition stands dismissed

                     for non-prosecution.


                                            (Alok Kumar Pandey, J)

amitkumar/-

U      T


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