Created by Fuzzy Cloud

Patna High Court

Sudarshan Devi and OrsversusState Of Bihar and Anr

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

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

Summary

The petitioners, comprising Sudarshan Devi, Yogendra Rai, Ram Sovit Rai, Sakal Dev Rai and Radheshyam Poddar, filed a criminal miscellaneous application before the Patna High Court arising from a 2016 police case. No counsel appeared on behalf of the petitioners on two consecutive dates, 20‑04‑2026 and 28‑04‑2026, while the State’s counsel was present. The court observed that the petitioners showed no interest in pursuing the matter, which originated in 2018. Consequently, the court held that the application could not be entertained due to the petitioners’ default. The application was therefore dismissed for default owing to non‑prosecution.

Issues considered

  • Whether the criminal miscellaneous application should be dismissed for default due to the petitioners’ failure to appear and prosecute the matter?

Subjects

  • default judgment
  • criminal miscellaneous application
  • procedural dismissal
  • non‑prosecution
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61743 of 2018
                  Arising Out of PS. Case No.-1361 Year-2016 Thana- SAMASTIPUR COMPLAINT CASE
                                                    District- Samastipur
                 ======================================================
           1.     Sudarshan Devi Wife of Yogendra Rai,
           2.    Yogendra Rai, Son of Late Sonelal Rai, Both are residents of Village-
                 Bochaha, Police Station- Mohiuddin Nagar, District- Samastipur.
           3.    Ram Sovit Rai, Son of Late Ram Bilash Rai, resident of Village- Rajasi,
                 Police Station- Mohiuddin Nagar, District- Samastipur.
           4.    Sakal Dev Rai, Son of Late Ram Lagan Rai, resident of Village- Kurshaha,
                 Police Station- Mohiuddin Nagar, District- Samastipur.
           5.    Radheshyam Poddar, Katib, Son of Jagdev Poddar, resident of Village-
                 Kaidrabad, Police Station- Bachhwara, District- Begusarai, License No.-
                 265/01.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar.
           2.    Tila Devi @ Neeta Devi, Wife of Dayanand Rai, resident of Village-
                 Kurshaha, Post Office- Kurshaha, Police Station- Mohiuddin Nagar,
                 District- Samastipur. At present resident of Village- Bochaha , Police
                 Station- Mohiuddin Nagar, District- Samastipur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    None
                 For the Opposite Party/s :    Mr. Amrendra Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   28-04-2026                  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 20.04.2026, 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.
              Patna High Court CR. MISC. No.61743 of 2018(4) dt.28-04-2026
                                                          2/2




                        Misc. Application stands dismissed for default due to non-

                        prosecution.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.