Patna High Court
PUNAM KUMARIversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- CHANDRA SHEKHAR JHA
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
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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
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