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Patna High Court

SHALINI KUMARIversusTHE STATE OF BIHAR THROUGH, DIRECTOR GENERAL OF POLICE JAWAHARLAL NEHARU MARAG, RAJBANSHI NAGAR

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition is dismissed for non‑prosecution as the petitioner failed to appear.

Summary

Shalini Kumari filed a criminal writ petition against the State of Bihar and several officials. No counsel appeared on her behalf at any hearing, including the final date. The court observed that the petitioner seemed to have lost interest in pursuing the case. Consequently, the court dismissed the petition on the ground of non‑prosecution. The dismissal was pronounced by Justice Arun Kumar Jha.

Issues considered

  • Can a petition be dismissed for non‑prosecution when the petitioner fails to appear before the court?

Subjects

  • non‑prosecution
  • petition dismissal
  • court procedure
  • criminal writ jurisdiction
  • absence of petitioner

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Writ Jurisdiction Case No.797 of 2022
                   ======================================================
                   Shalini Kumari Wife of Sri Sanjay Kumar, R/o Anand Nagar, P.S.- Siwan
                   Town, Distt.- Siwan.
                                                                              ... ... Petitioner
                                                     Versus
              1.    The State Of Bihar Through, Director General Of Police Jawaharlal Neharu
                    Marag, Rajbanshi Nagar Patna, Bihar
              2.   The Director General Of Police Jawaharlal Neharu Marag, Rajbanshi Nagar
                   Patna Bihar
              3.   The Dig Saran Bihar
              4.   The District Magistrate Siwan Bihar
              5.   The Superintendent Of Police Siwan Bihar
              6.   The Sho Of Siwan Town Police Station Bihar
              7.   Abdul Kadir Son Of Abdul Majid Resident Of Nai Quila, Kamkar Toli, P.S. -
                   Siwan Town, District - Siwan
              8.    Abdul Najir Son Of Abdul Majid Resident Of Nai Quila, Kamkar Toli, P.S. -
                    Siwan Town, District - Siwan
                                                                           ... ... Respondents
                   ======================================================
                   Appearance :
                   For the Petitioner        :      None
                   For the State             :      Mr. Sheo Shankar Prasad, APP
                   For R. No. 7 & 8          :      Mr. Ranjan Kumar Dubey, Advocate
                                                    Mr. Kumar Gaurav, Advocate
                                                    Ms. Sheshadri Kumari, Advocate
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                         ORAL ORDER

7   13-02-2026                          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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