Patna High Court

MD. BASHIR AHMAD @ BASHIR AHMADversusTHE STATE OF BIHAR

Decided: 22 January 2025
Disposal: D.F.D. FOR NON APPEARANCE
Bench: CHANDRA SHEKHAR JHA SATYAVRAT VERMA

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Md. Bashir Ahmad, filed a criminal miscellaneous petition (No. 77601 of 2023) arising from PS case No. 33 of 2023 at Bhabhua, Kaimur. No counsel appeared on behalf of the petitioner, while the State of Bihar was represented by Advocate on Record, Shri Chandra Bhushan Prasad. The Hon'ble Justice Satyavrat Verma noted the absence of any representation for the petitioner. The court examined whether the petition could proceed in the absence of prosecution. Finding that there was no prosecution, the court dismissed the petition. The dismissal effectively ends the proceedings against the petitioner.

Issues considered

Can a criminal miscellaneous petition proceed when no counsel appears for the petitioner?
Should the petition be dismissed on the ground of non‑prosecution?

Subjects

criminal procedure
non-prosecution
petition dismissal
high court
absence of counsel

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77601 of 2023
                  Arising Out of PS. Case No.-33 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua)
                 ======================================================
                 Md. Bashir Ahmad @ Bashir Ahmad Son Of Late Rafik Ahmad Resident Of
                 Village -- Ward No. -- 15, South Mohalla, Back Side Of Badi Mashid, P.S. -
                 Bhabua, District -- Kaimur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       None
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

9   22-01-2025               1.    No one appears on behalf of the petitioner.

                             2.    Learned A.P.P. for the State, Shri. Chandra

                   Bhushan Prasad, is present.

                             3.    The case is dismissed for non-prosecution.



                                              (Satyavrat Verma, J)
SUMIT/-

U     T

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Chandra Bhushan Prasad