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Patna High Court

SACHIN KUMAR DASversusThe State of Bihar

Decided
Disposal
DISMISS FOR NON-PROSECUTION

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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