Patna High Court

Smt. Rekha DeviversusThe State Of Bihar and Ors

Decided: 28 April 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SUNIL DUTTA MISHRA

Holding

The application is dismissed for default as the petitioner failed to appear or prosecute the matter.

Summary

Rekha Devi filed a criminal miscellaneous application arising from a 2018 case (Cr. Misc. No.60637 of 2018) before the Patna High Court. No counsel appeared on her behalf on the scheduled dates of 30‑03‑2026 and 28‑04‑2026, while the State’s A.P.P. was present. The court observed that the petitioner showed no interest in pursuing the matter, which was already several years old. Consequently, the court held that the application could not be proceeded with. The application was therefore dismissed for default due to non‑prosecution.

Issues considered

Whether the criminal miscellaneous application should be dismissed for default owing to the petitioner’s failure to appear and prosecute the matter?

Subjects

criminal procedure
default judgment
non‑prosecution
adjournment
court procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.60637 of 2018
                  Arising Out of PS. Case No.-20 Year-2016 Thana- KARAMCHAT District- Kaimur (Bhabua)
                  ======================================================
                  Smt. Rekha Devi Wife of Diwakar Ram, R/o Village- Amaon, P.S.-
                  Karamchat, District- Kaimur at Bhabua.
                                                                 ... ... Petitioner/s
                                                    Versus
            1.     The State of Bihar.
            2.    Saroj Ram, Son of Late Ramnath Ram,
            3.    Sushil Ram, Son of Charitra Ram,
            4.    Ranjeet Ram, Son of Saroj Ram,
            5.     Saroja Devi, Wife of Sushil Ram, All resident of Village- Amaon, P.S.-
                   Karamchat, District- Kaimur at Bhabua.
                                                                    ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       None
                  For the Opposite Party/s :       Mr. Ajay Kumar-1, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER

4    28-04-2026                  No one is present on behalf of the petitioner, however,

                    learned A.P.P. for the State is present.

                                 2. On the previous date also i.e. on 30.03.2026, no one

                    was present on behalf of the petitioner and the case was

                    adjourned.

                                 3. Since the petitioner has 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

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