Patna High Court

Sarwari BegumversusThe State Of Bihar and Ors

Decided: 12 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: JITENDRA KUMAR

Holding

The petition is dismissed for default due to the petitioner's non‑appearance.

Summary

Sarwari Begum filed a criminal writ petition in the Patna High Court against the State of Bihar and several officials, seeking relief in a case arising from a 2017 police FIR. No counsel appeared on behalf of the petitioner, and the court repeatedly cautioned that the petition would be dismissed for default if the petitioner failed to appear. Despite the warnings, the petitioner remained absent on the scheduled hearing date. The court therefore dismissed the petition on the ground of default, noting that the petition had not been admitted. No substantive merits of the underlying criminal matter were addressed.

Issues considered

Can a criminal writ petition be entertained when the petitioner fails to appear before the court?

Subjects

default
petition dismissal
criminal writ jurisdiction
high court procedure
non‑appearance

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Writ Jurisdiction Case No.403 of 2018
                   Arising Out of PS. Case No.-302 Year-2017 Thana- CHHATAUNI District- East Champaran
                   ======================================================
                   Sarwari Begum W/o Md. Haider Ali, Resident of Mohalla- Khoda Nagar, P.O.
                   Motihari, P.S.- Chhatauni, District- East Champaran.
                                                                           ... ... Petitioner/s
                                                        Versus
             1.     The State Of Bihar
             2.    The District Magistrate, Motihari, East Champaran.
             3.    The Superintendent of Police, Motihari, East Champaran.
             4.    The Deputy Superintendent of Police, Motihari, East Champaran.
             5.    The officer-in-charge, Chhatauni, Police Station.
             6.    The Bihar State Sunni Waqf Board, Patna through its Chief Executive
                   Officer, 2nd Floor Haj Bhawan,
             7.     Masjid Nor Mohammad Waqf Estate NO. 1628 through Md. Sakil Ansari,
                    S/o Late Md. Sayeed, resident of Mohalla- Miscoot, P.S. - Motihari Town,
                    District- East Champaran.
                                                                          ... ... Respondent/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s    :       None
                   For the State           :       Mr. Sajid Salim Khan, SC-25
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                         ORAL ORDER
6     12-01-2026                   Nobody is present on behalf of the petitioner.

                                   2. Even on the last date, the matter was unattended by

                     the petitioner and it was cautioned that if the matter is not

                     attended by him on the next date, it would be dismissed for

                     default. Despite such cautioning, even today nobody is present

                     on behalf of the petitioner.

                                   3. Hence, the present petition is dismissed for default,

                     because this petition is not admitted till date.


                                                                (Jitendra Kumar, J)
shoaib/-
U        T

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