Patna High Court

SYED SULTAN ALAMversusState Of Bihar and Anr

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

Holding

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

Summary

Syed Sultan Alam filed a criminal miscellaneous application in 2018 against the State of Bihar and Chandan Kumar. No counsel appeared for the petitioner on the scheduled dates of 26 March 2026 and 28 April 2026, while the State's assistant public prosecutor was present. The court observed that the petitioner showed no interest in pursuing the matter, which was several years old. Consequently, the court dismissed the application for default due to non‑prosecution. The order was pronounced by Justice Sunil Dutta Mishra.

Issues considered

What is the appropriate consequence when a petitioner fails to appear or prosecute a criminal miscellaneous application?

Subjects

Criminal Procedure Code
Default judgment
Non‑prosecution
Application dismissal
High Court

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.62634 of 2018
                   Arising Out of PS. Case No.-3926 Year-2015 Thana- PATNA COMPLAINT CASE District-
                                                            Patna
                   ======================================================
                   Syed Sultan Alam Son of Syed Aftab Alam, Resident of Village- Kaghzi
                   Mohalla, P.S. Biharsharif, District- Nalanda.
                                                                       ... ... Petitioner/s
                                                        Versus
              1.    The State of Bihar.
              2.    Chandan Kumar Son of Late Shyamn Babu Yadav Resident of Old
                    Khankarbhag, near College of Commerce gate No.15, P.S.-Patrakar
                    Nagar,Distt.-Patna.
                                                               ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       None
                   For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, A.P.P.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                         ORAL ORDER

3     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 26.03.2026, 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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