Created by Fuzzy Cloud

Patna High Court

PUNAM KUMARIversusTHE STATE OF BIHAR

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition is dismissed for want of prosecution.

Summary

Petitioners Punam Kumari and Malti Devi filed a criminal miscellaneous petition against the State of Bihar. The Court had earlier, on 15.03.2023, directed them to remove certain defects in the petition within four weeks. Despite this direction, the petitioners failed to rectify the defects for almost three years. The Court observed that the petitioners had lost interest in prosecuting the case. Consequently, the petition was dismissed for want of prosecution.

Issues considered

  • Whether the petition can proceed despite non‑compliance with the Court's direction to remove defects
  • Whether dismissal for want of prosecution is appropriate

Subjects

  • criminal procedure
  • dismissal
  • want of prosecution
  • non‑compliance
  • court order

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.9312 of 2023
                          Arising Out of PS. Case No.-232 Year-2020 Thana- DINARA District- Rohtas
                   ======================================================
              1.    PUNAM KUMARI D/O SANTOSH PANDIT, Resident of village-
                    Lilawanchh, P.S.- Dinara, District- Rohtas State- Bihar.
              2.    MALTI DEVI W/O SANTOSH PANDIT Resident of village- Lilawanchh,
                    P.S.- Dinara, District- Rohtas State- Bihar.
                                                                              ... ... Petitioner/s
                                                        Versus
                   THE STATE OF BIHAR.                           .. ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :        None
                   For the Opposite Party/s :        Mr.Anuj Kumar Shrivastava, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                         ORAL ORDER

3    27-01-2026                     Despite of direction of the learned co-ordinate Bench

                     of this Court vide order dated 15.03.2023 as to remove the

                     defect(s) as pointed out by the office within four weeks, almost

                     within three years, same was not removed by learned counsel

                     appearing for the petitioners.

                                  2. It appears that petitioners lost their interest in

                     prosecution.

                                   3. Accordingly, present petition stands dismissed in

                     want of prosecution.



                                            (Chandra Shekhar Jha, J)
veena/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.