Patna High Court
KALAWATI DEVIversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SONI SHRIVASTAVA
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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