Patna High Court
Arshad Habib @ Asad HabibversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application was dismissed because the petitioner failed to comply with the Court’s orders for 17 months.
Summary
Arshad Habib filed an application seeking to quash an order dated 03‑03‑2015 passed by the Sub‑Divisional Judicial Magistrate in a criminal case. The High Court directed the petitioner’s counsel to issue notices to the opposite parties and to comply with procedural requirements, granting four weeks for compliance and scheduling a hearing. The petitioner’s counsel failed to act on these directions for over 17 months and subsequently requested an additional week to file the pending notice. The Court observed that the petitioner showed no genuine interest and was merely attempting to delay the proceedings. Consequently, the application for quashing was dismissed for non‑compliance with the Court’s orders.
Issues considered
- Whether the application for quashing the lower court’s order should be entertained despite the petitioner’s failure to comply with the High Court’s procedural directions.
Subjects
- quash order
- procedural non‑compliance
- court directions
- criminal miscellaneous proceedings
- delay tactics
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.966 of 2019
Arising Out of PS. Case No.-210 Year-2014 Thana- DEHRI TOWN District- Rohtas
======================================================
Arshad Habib @ Asad Habib S/o Late Habibur Rahman R/vill-Islamganj,
Dehri, P.S-DehriTown,Distt.-Rohtas.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. South Bihar Power Distribution Co. Ltd. through its Managing Director
3. Raju Kumar Junior Electric Engineer, Branch-Dehri R/vill-Saraiya, P.O-
Damodar Bandh, P.S-Nagsausa, Distt.-Nalanda.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Syed Asgher Najmi
For the Opposite Party/s : Mr.Sri Ajit Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 20-01-2026 Heard the parties.
2. This application has been filed for quashing the
order dated 03.03.2015 passed by the learned Sub-Divisional
Judicial Magistrate, Dehri-on-Sone, Rohtas in Dehri (Town) P.S.
Case No. 210 of 2014.
3. On 3.7.2024, the following order was passed in this
case:-
Issue notice to opposite parties no.
2 to 3, for which requisites etc. must be filed
with both the processes, under ordinary
process as well as registered cover/speed
post with A/D within one week.
Put up this case after receipt of the
service of notice upon O.P. No.2 or their
appearance, whichever is earlier.
Patna High Court CR. MISC. No.966 of 2019(4) dt.20-01-2026
2/2
4. Thereafter on 3.4.2025, the following order was
passed in this case:-
Seen the office notes.
2. The learned counsel for the
petitioner is granted four weeks’ time to
comply with the office notes.
3. List this case on 01.05.2025
under appropriate heading.
5. Despite the aforesaid orders, no steps have been
taken by the learned counsel for the petitioner for complying
with the same.
6. Today, the learned counsel for the petitioner has
appeared in this case and again prayed for one week time for
filing the process for issuance of notice which has been kept
pending by him for more than 17 months and it appears that the
petitioner has no interest in the matter and he is only trying to
linger the case.
7. In view of the above, this application is dismissed
on the ground that the orders of this Court have not been
complied by the petitioner for the last 17 months.
(Sandeep Kumar, J)
Vikas/-
U
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