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Patna High Court

GUDIA KUMARIversusThe State of Bihar

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition is dismissed for non‑prosecution due to the petitioner’s failure to appear on two consecutive dates.

Summary

Gudia Kumari filed a criminal revision petition challenging an order of the State of Bihar and Binod Kumar. No counsel appeared for the petitioner, and the petitioner herself did not appear on the hearing dates. The court noted that the petitioner had shown no interest in pursuing the case. Consequently, the court dismissed the petition on the ground of non-prosecution, having been absent on two consecutive dates. The dismissal was ordered without any substantive consideration of the merits.

Issues considered

  • What is the appropriate consequence when a petitioner fails to appear or prosecute a criminal revision petition on consecutive hearing dates?

Subjects

  • criminal revision
  • non‑prosecution
  • petitioner's default
  • court dismissal
  • procedural default

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      CRIMINAL REVISION No.343 of 2023
                    Arising Out of PS. Case No.-372 Year-2020 Thana- RAMKRISHNANAGAR District- Patna
                    ======================================================
                    Gudia Kumari D/O Late Nirmal Kumar Singh Resident of Flat No. C-307,
                    Agrani Heights, Shivaji Chowk, P.O. - New Jaganpura P.S.- Ram Krishna
                    Nagar, District- Patna

                                                                                  ... ... Petitioner/s
                                                        Versus
               1.   The State of Bihar
               2.   Binod Kumar @ Binod Kumar Singh s/o Late Jai Kishore Singh Resident of
                    Village- Malkana, P.S.- Masaudhi, District- Patna

                                                              ... ... Respondent/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s   :       None.
                    For the Respondent/s   :       Mr.Humayou Ahmad Khan, APP
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                          ORAL ORDER

4    06-01-2026                    On call, none appears for the petitioner.

                                  2. Perusal of record shows even on the last date of

                      hearing, there was no representation on behalf of the petitioner.

                                  3. It seems the petitioner has lost interest in her case.

                                  4. Accordingly, the present petition is dismissed for

                      non-prosecution on two consecutive dates.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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