Patna High Court

RITA DEVI @ SANJU DEVIversusThe State of Bihar

Decided: 27 January 2026
Disposal: DISMISSED
Bench: SOURENDRA PANDEY

Holding

The application is dismissed for non‑prosecution due to the petitioner’s failure to appear.

Summary

Rita Devi, the widow of the late Santosh Singh, filed an application in Criminal Miscellaneous No.796 of 2024 before the Patna High Court. Despite repeated notices, neither she nor any counsel appeared before the court on the scheduled date of 27-01-2026. The learned Additional Public Prosecutor for the State was present, but the petitioner’s absence was taken as a loss of interest in pursuing the matter. The court observed that the petitioner had previously failed to appear on earlier occasions as well. Consequently, the court dismissed the application on the ground of non‑prosecution.

Issues considered

What is the appropriate procedural consequence when a petitioner fails to appear and appears to have lost interest in the proceedings?

Subjects

criminal procedure
non‑prosecution
petitioner's absence
application dismissal
high court

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.796 of 2024
                           Arising Out of PS. Case No.-48 Year-2013 Thana- MAHUA District- Vaishali
                    ======================================================
                    Rita Devi @ Sanju Devi, Wife of Late Santosh Singh, Resident of Village -
                    Bharatpur Singhara Dakshini, P.S. - Mahua, District - Vaishali.

                                                                                       ... ... Petitioner/s
                                                           Versus
               1.   The State of Bihar.
               2.   Block Development Officer (Arun Kumar), Mahua, Vaishali.

                                                           ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :        None
                    For the Opposite Party/s :        Mr. Shailendra Kumar, APP
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                          ORAL ORDER

5    27-01-2026                    Nobody appears on behalf of the petitioner on

                      repeated calls. Similar was the position on earlier occasion also.

                                   2. The learned Addl. Public Prosecutor for the State is

                      however present.

                                   3. It seems that the petitioner has lost her interest in

                      the matter.

                                   4. The application is, accordingly, dismissed for non-

                      prosecution.



                                                 (Sourendra Pandey, J)
Praveen-II/-

U       T

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