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Patna High Court

SHUBHADRA DEVIversusTHE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

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

Summary

Shubhadra Devi filed a criminal writ petition in the Patna High Court against the State of Bihar and several officials. The petition sought relief, but the petitioner failed to appear at any of the hearings, including the final date. The court noted that no counsel represented the petitioner and that the petitioner appeared to have lost interest in the case. The judge examined the record and found no substantive submissions from the petitioner. Consequently, the court dismissed the petition on the ground of non‑prosecution, emphasizing that a petition cannot proceed without the petitioner’s participation.

Issues considered

  • Whether a criminal writ petition may be dismissed for non‑prosecution when the petitioner fails to appear before the court.

Subjects

  • non-prosecution
  • petition dismissal
  • criminal writ jurisdiction
  • procedural default

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Writ Jurisdiction Case No.775 of 2022
                                Arising Out of PS. Case No.- Year-0 Thana- District- Nawada
                   ======================================================
                   Shubhadra Devi Wife Of Lalan Prasad Resident Of Village- Manpur, P.O.-
                   Andharwari, Block- Akbarpur, Sub-Division- Rajauli, P.S.- Akbarpur,
                   District- Nawada
                                                                                 ... ... Petitioner
                                                      Versus
              1.    The State of Bihar through The Chief Secretary, Govt. of Bihar, Patna, Bihar
              2.   The Collector, Nawada District Bihar
              3.   The Deputy Collector, Land Reforms, Rajauli, District- Nawada Bihar
              4.   The Circle Officer, Akbarpur, District- Nawada Bihar
              5.   Yashoda Devi Wife Of Late Arjun Prasad Not Given
              6.   Santosh Halwai S/O Late Ramchandra Halwai Resident Of Village- Manpur,
                   P.O.- Andharwari, P.S.- Akbarpur, District- Nawada
              7.    Guddu Halwai S/O Late Ramchandra Halwai Resident Of Village- Manpur,
                    P.O.- Andharwari, P.S.- Akbarpur, District- Nawada
                                                                       ... ... Respondents
                   ======================================================
                   Appearance :
                   For the Petitioner/s   :         None
                   For the Respondent/s   :         Mr. Saurabh Kumar, AC to SC-19
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                         ORAL ORDER

4   13-01-2026                      On call, no one appears on behalf of the petitioner.

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

                     hearing no one appeared on behalf of the petitioner. It seems the

                     petitioner has lost interest in her case.

                                    3. Hence, the present petition is dismissed for non-

                     prosecution.


                                                                  (Arun Kumar Jha, J)

Shahnawaz/-
U     T


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