Patna High Court

Dadan SinghversusThe 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 owing to the petitioner's non‑prosecution.

Summary

Dadan Singh filed a criminal miscellaneous application in the Patna High Court arising from a 2018 complaint. No counsel appeared on his behalf on two consecutive dates, 20-04-2026 and 28-04-2026, while the State's A.P.P. was present. The court noted that the petitioner showed no interest in pursuing the matter, which pertained to events of 2018. Consequently, the court held that the application could not be proceeded with due to the petitioner's default. The application was therefore dismissed for non‑prosecution.

Issues considered

Whether the criminal miscellaneous application should be dismissed for default due to the petitioner's failure to appear and prosecute the matter.

Subjects

Criminal Procedure Code
Default Judgment
Non‑prosecution
Adjournment
High Court

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.61505 of 2018
                      Arising Out of PS. Case No.-1228 Year-2017 Thana- BHOJPUR COMPLAINT CASE
                                                       District- Bhojpur
                   ======================================================
                   Dadan Singh Son of Jodhan Singh, Resident of Village-Ekauna, P.S.-Udwant
                   Nagar, District-Bhojpur.
                                                                           ... ... Petitioner/s
                                                   Versus
              1.    The State of Bihar.
              2.   Bhupendra Yadav Constable, Udwant Nagar P.S., District-Bhojpur.
              3.   Shyam Bahadur Yadav, A.S.I., udwant Nagar P.S., District-Bhojpur.
              4.    Rajure Kumar, Officer-in-Charge, Udwant Nagar P.S.,District-Bhojpur.
                                                                       ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       None
                   For the Opposite Party/s :       Mr. Abhay 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 20.04.2026, 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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