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Patna High Court

Mohd. Manir Ansari @ Manir Ansari and OrsversusState Of Bihar and Anr

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The application is dismissed for default due to non‑prosecution.

Summary

The petitioners filed a criminal miscellaneous application (No. 9682 of 2018) before the Patna High Court seeking relief against the State of Bihar and Subhan Ansari. No counsel appeared on behalf of the petitioners on the scheduled date of 23-03-2026, nor had they appeared on earlier dates, resulting in repeated adjournments. The court observed that the petitioners showed no interest in pursuing the matter, which originated in 2018. Consequently, the court considered the application to be in default due to the petitioners' failure to prosecute. The judge dismissed the miscellaneous application for default, noting the lack of representation and prosecution by the petitioners.

Issues considered

  • Whether the criminal miscellaneous application should be dismissed for default due to non‑prosecution by the petitioners.

Subjects

  • procedural dismissal
  • default
  • non‑prosecution
  • criminal miscellaneous application
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9682 of 2018
                 Arising Out of PS. Case No.-475 Year-2017 Thana- ROHTAS COMPLAINT CASE District-
                                                         Rohtas
                 ======================================================
           1.     Mohd. Manir Ansari @ Manir Ansari Son of Late Tazmul Ansari,
           2.    Edan Khatoon, Wife of Md. Manir Ansari.
           3.    Jalaluddin Ansari, Son of Md. Manir Ansari.
           4.    Shabir Ansari, Son of Mohd. Manir Ansari.
           5.    Kyamuddin Ansari, Son of Mohd. Manir Ansari.
           6.    Akhtari Khatoon, Daughter of Mohd. Manir Ansari.
                 Petitioners No. 1 to 6 are resident of Village- Bahuara, P.S.- Kudhni,
                 District- Kaimur Bhabua.
           7.    Kitabuddin Ansari, Son of Late Ramjan Ansari.
           8.    Ismail Ansari, Son of Late Ramjan Ansari,
                 Petitioner No. 7 and 8 are resident of Village- Gopalpur, P.O.- Kund, P.S.-
                 Dinara, District- Rohtas.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar.
           2.    Subhan Ansari, Son of Late Saruddin Ansari, Resident of Village- Koribalia,
                 P.S.- Natwar, District- Rohtas.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     None
                 For the Opposite Party/s :     Mr. Lalan Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

6   23-03-2026                  No one is present on behalf of the petitioners,

                   however, learned A.P.P. for the State is present.

                                2. On the previous dates also no one was present on

                   behalf of the petitioners and the case was adjourned.

                                3. Since the petitioners have no interest to pursue this

                   matter which is of the year 2018, accordingly, the present Cr.
              Patna High Court CR. MISC. No.9682 of 2018(6) dt.23-03-2026
                                                          2/2




                        Misc. Application stands dismissed for default due to non-

                        prosecution.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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