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Patna High Court

KALAWATI DEVIversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The petition is dismissed for want of prosecution, and the interim stay order is vacated.

Summary

Kalawati Devi and Birendra Kumar Ojha filed a petition before the Patna High Court seeking an adjournment in a criminal case (PS Case No. 43 of 2019). The petitioners failed to appear despite repeated calls and did not provide any reason for the adjournment. The court observed that the petitioners had lost interest in prosecuting the case. Consequently, the court dismissed the petition for want of prosecution and vacated the interim stay order dated 05.05.2022. No further relief was granted to the petitioners.

Issues considered

  • What is the appropriate course of action when a petitioner seeks adjournment without providing any reason?
  • Can a petition be dismissed for want of prosecution due to non-appearance of the petitioner?

Subjects

  • adjournment
  • want of prosecution
  • interim stay
  • criminal procedure
  • high court

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.6730 of 2022
                         Arising Out of PS. Case No.-43 Year-2019 Thana- MAHILA PS District- Katihar
                    ======================================================
               1.    KALAWATI DEVI W/o Ayodhya Prasad Ojha Resident of Ward No. -7,
                     Awadhpur, P.S.- Manihari, District- Katihar.
               2.   Biendra Kumar Ojha @ Birendra Ojha S/o- Ayodhya Prasad Ojha Resident
                    of Hospital Road, Ward No. -14, P.S.- Kishanganj, District- Kishanganj.
                                                                                .. ... Petitioner/s
                                                      Versus
               1.   The State of Bihar
               2.    Sangita Kumari D/o- Late Satyanarayan Pandey Resident of Mohalla-
                     Shivajee Nagar, Laliyahi, Ward No. -10, P.S.- Shayak, District- Katihar.
                                                                           ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :
                    For the Opposite Party/s :       Dr. Ajeet Kumar
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                          ORAL ORDER

5    18-08-2022                     None appears on behalf of the petitioner, on repeated call.

                      Learned APP for the State is present.

                                   It appears from perusal of previous two orders of this Court

                      that the petitioner seeking adjournment without assigning any reason.

                      Conduct of the petitioner is sufficient to gather that the petitioner loosed

                      his interest to prosecute with present case.

                                   Considering the above, the present petition is being dismissed

                      in want of prosecution.

                                   Further, interim stay vide order dated 05.05.2022 is stands

                      vacated.



                                             (Chandra Shekhar Jha, J)
S.Katyayan/-

U      T


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