Patna High Court

PERWEZ ALAMversusTHE STATE OF BIHAR

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

Holding

The application is dismissed for non‑prosecution.

Summary

The petitioner, Perwez Alam, filed an application in the Patna High Court in Criminal Miscellaneous No. 59527 of 2021 arising from PS Case No‑204/2021. Despite repeated notices, the petitioner failed to appear for the hearing on 12 January 2026 and again on 13 January 2026. The State’s Assistant Public Prosecutor, Mr Raj Ballabh Singh, was present before the Court. The Court observed that the petitioner appeared to have lost interest in pursuing the matter. Accordingly, Justice Soni Shrivastava dismissed the application on the ground of non‑prosecution.

Issues considered

Whether the Court may dismiss an application for non‑prosecution when the petitioner fails to appear and appears to have lost interest in the case?

Subjects

criminal procedure
non‑prosecution
petitioner's absence
dismissal
Patna High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.59527 of 2021
                      Arising Out of PS. Case No.-204 Year-2021 Thana- GOPALGANJ TOWN District-
                                                        Gopalganj
                  ======================================================
                  PERWEZ ALAM Son of Late Noor Alam Resident of Semra, P.S.- Gopalganj,
                  District- Gopalganj.
                                                                     ... ... Petitioner/s
                                              Versus
            1.     The State of Bihar
            2.     AFTAB ALAM Son of Siddiqui Resident of Chorowa, P.S.- Gopalganj,
                   District- Gopalganj.
                                                               ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      None
                  For the Opposite Party/s :      Mr. Raj Ballabh Singh, APP
                  ======================================================
                  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 12.01.2026 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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