Patna High Court

BINIT KUMAR (ASSISTANT ENGINEER UNDER SUSPENSION)versusTHE STATE OF BIHAR THROUGH CHIEF SECRETARY, GOVT. OF BIHAR, SECRETARIAT BUILDING, PATNA

Decided: 10 March 2026
Disposal: DISMISSED
Bench: JITENDRA KUMAR

Holding

The application is dismissed for want of prosecution.

Summary

Binit Kumar, an assistant engineer under suspension, filed a criminal writ petition in the Patna High Court against the State of Bihar and several police officials and private respondents. No counsel appeared on his behalf to prosecute the application despite repeated notices. The Court observed that the petition could not proceed without a party prosecuting it. Consequently, the application was dismissed for want of prosecution. The order was delivered by Justice Ashwani Kumar Singh.

Issues considered

What is the consequence of an application being left unprosecuted in a criminal writ jurisdiction?

Subjects

criminal writ jurisdiction
want of prosecution
application dismissed
procedural default

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Writ Jurisdiction Case No.1419 of 2019
                                 Arising Out of PS. Case No.- Year-0 Thana- District- Gaya
                 ======================================================
                 Binit Kumar (Assistant Engineer Under Suspension) Water Resources
                 Department, Chief Engineer Office, Katari Hill Road Gaya, S/o Suraj Prasad,
                 Water Resources Department, Chief Engineer Office, Katari Hill Road Gaya,
                 R/o- Surya Niwas, Tilha Mahavir Asthan, Beldari Tola, P.S.- Civil Line,
                 Distt.- Gaya

                                                                                        ... ... Petitioner
                                                         Versus

           1.    The State of Bihar through Chief Secretary, Govt. Of Bihar, Secretariat
                 Building, Patna.
           2.    The Director General of Police, Government of Bihar, Secretariat Building,
                 Patna.
           3.    The Inspector General of Police, Patna, Bihar
           4.    The Deputy Inspector General of Police, Patna, Bihar
           5.    The Senior Superintendent of Police, Patna, Bihar
           6.    The Superintendent of Police, Patna, Bihar
           7.    The Officers-in-charge, Beur P.S., Patna, Bihar
           8.    Smt. Prabha Singh W/o Shri P.C Chowdhary 1st Floor, H. No. 30, Opp. Nam
                 Ghar, Madhav Dev Pur, Rehabari, Guwahati
           9.    Kiran Kumari W/o Brajendra Kumar Rajkiya Polytechnic, Barauni, Distt.-
                 Begusarai, Bihar
           10. Vibha Sinha W/o Vijay Kumar Singh Zircon Computer, Lal Kothi
                 Compound (Next to Hotel Royal Surya), P.S.- Civil Lines, Gaya, Bihar

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner       :         None.
                 For the Respondent       :         Mr.Sheo Shankar Prasad, SC-8
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
                                       ORAL ORDER

2   15-10-2019                  Despite repeated calls, no one appears on behalf of the

                   petitioner to press this application.
            Patna High Court CR. WJC No.1419 of 2019(2) dt.15-10-2019
                                                        2/2




                                  The application is dismissed for want of prosecution.


                                                              (Ashwani Kumar Singh, J)

kanchan/-

U      T

Continue reading with your account

Checking your session…