Patna High Court

Sanjay Kumar JaiswalversusState Of Bihar and Anr

Decided: 7 April 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The quashing application was dismissed for non‑prosecution.

Summary

The petitioner, Sanjay Kumar Jaiswal, filed a quashing application before the Patna High Court seeking dismissal of the criminal proceedings arising from PS case No. 3273 of 2014. No counsel appeared on behalf of the petitioner, while the State of Bihar was represented by Advocate Ahmad Ali. The court noted the absence of any representation for the petitioner and the presence of the State's counsel. Considering the lack of prosecution and the petitioner's non‑appearance, the court held that the application could not be entertained. Consequently, the quashing application was dismissed for non‑prosecution.

Issues considered

What is the appropriate course of action when a quashing application is filed without any representation for the petitioner?

Subjects

quashing of criminal proceedings
non-prosecution
high court procedure
absence of counsel
criminal miscellaneous

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.56931 of 2015
                       Arising Out of PS. Case No.-3273 Year-2014 Thana- VAISALI COMPLAINT CASE
                                                       District- Vaishali
                   ======================================================
                   Sanjay Kumar Jaiswal son of late Mathura Prasad Jaiswal, resident of
                   Mohalla- Rai Jai Krishna Road, Gurhatta, Patna City- 800008, P.S.
                   Khajekalan, District- Patna.

                                                                                ... ... Petitioner/s
                                                       Versus
              1.   State Of Bihar
              2.   Prashant Kumar Sinha, son of Om Prakash Sinha, aged about 38 years,
                   resident of Mohalla- Nandgola, Police Station- Malsalami, District- Patna.

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :
                   For the Opposite Party/s :      Mr. Ahmad Ali, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                         ORAL ORDER

2    31-08-2023                   1. No one appears on behalf of the petitioner.

                                  2. Learned A.P.P. for the State is present.

                                  3. Accordingly, the instant quashing application is

                     dismissed for non-prosecution.



                                                (Satyavrat Verma, J)
Rishi/-

U         T

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