Patna High Court

Janardan Dubey @ Janardhan Dubey and OrsversusState Of Bihar and Anr

Decided: 27 April 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SUNIL DUTTA MISHRA

Holding

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

Summary

The petitioners, Janardan Dubey and family, filed a criminal miscellaneous application against the State of Bihar and Manjula Devi. No counsel appeared on behalf of the petitioners on two consecutive dates (07‑04‑2026 and 27‑04‑2026). The learned Additional Public Prosecutor for the State was the only party present. The court observed that the petitioners showed no interest in pursuing the matter, which originated in 2018. Consequently, the court dismissed the criminal miscellaneous application for default due to non‑prosecution.

Issues considered

Whether a criminal miscellaneous application can be dismissed for default when petitioners fail to appear and show interest in pursuing the matter

Subjects

criminal miscellaneous application
default dismissal
non‑prosecution
procedural law
court adjournment

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.56468 of 2018
                         Arising Out of PS. Case No.-23 Year-2015 Thana- MAHILA PS District- Gaya
                   ======================================================
              1.    Janardan Dubey @ Janardhan Dubey S/o Rameshwar Dubey.
              2.   Rita Devi W/o Janardan Dubey @ Janardhan Dubey.
              3.   Arti Kumari D/o Janardan Dubey @ Janardhan Dubey,
                   All Resident of Village Dubey Khaira, P.S. Duadnagar, District Aurangabad.
                                                                              ... ... Petitioner/s
                                                    Versus
              1.   The State of Bihar.
              2.    Manjula Devi W/o Manish Kant Dubey, D/o Anil Tiwary, R/o Village-
                    Domahn Pararia, P.O. Kalhora, P.S. Bodhgaya, District-Gaya.
                                                                         ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       None
                   For the Opposite Party/s :       Mr. Shailendra Kumar -1, A.P.P.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                         ORAL ORDER

4     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

Continue reading with your account

Checking your session…