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Patna High Court

Arshad Habib @ Asad HabibversusThe State Of Bihar and Ors

Decided
Disposal
DISMISSED

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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