Patna High Court
SACHIN KUMAR DASversusThe State of Bihar
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- PRABHAT KUMAR SINGH
Holding
The application is dismissed for want of prosecution.
Summary
Sachin Kumar Das filed an application before the Patna High Court against the State of Bihar and Anjani Devi. The petitioner’s counsel, Mr. Ranjeet Kumar Das, failed to appear despite repeated notices. The State’s counsel was present throughout. The Court observed that the petitioner did not prosecute the application on any occasion. Consequently, the Court dismissed the application for want of prosecution. No merits of the underlying dispute were considered.
Issues considered
- Whether an application may be dismissed for want of prosecution when the petitioner fails to appear despite repeated calls?
Subjects
- criminal procedure
- dismissal
- want of prosecution
- non-appearance
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85783 of 2019
Arising Out of PS. Case No.-1320 Year-2018 Thana- COMPLAINT CASE District- Banka
======================================================
SACHIN KUMAR DAS Son of Naresh Das Resident of Village - Bichkori,
P.S.- Katoriya, District- Banka
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anjani Devi Wife of Sachin Kumar Das, D/O - Ino Das Resident of Gonal
Bari, P.S.- Banka, P.O.- Banka, District- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar Das No.2
For the Opposite Party/s : Mr.Nand Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
ORAL ORDER
4 25-10-2021 Despite repeated call, no one appears on behalf of
the petitioner to press this application. Learned counsel for the
State is present.
On the last occasion also, no one had appeared on
behalf of the petitioner though learned counsel for the State was
present.
In this view of the matter, the application stands
dismissed for want of prosecution.
(Arvind Srivastava, J)
mcv/-
U
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