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Patna High Court

BABITA DEVIversusThe State of Bihar through the Director General of Police, Patna, Bihar

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

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

Summary

Babita Devi filed a criminal writ petition before the Patna High Court against the State of Bihar and police officials. The petitioner failed to appear at any hearing, including the final date. The court noted the petitioner’s apparent loss of interest in the case. Consequently, the court dismissed the petition on the ground of non‑prosecution. No substantive merits of the petition were examined.

Issues considered

  • Whether the petition should be dismissed for non‑prosecution due to the petitioner’s failure to appear before the court?

Subjects

  • writ jurisdiction
  • criminal procedure
  • non‑prosecution
  • petition dismissal
  • procedural default

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Writ Jurisdiction Case No.802 of 2022
                    Arising Out of PS. Case No.-375 Year-2021 Thana- CHAPRA MUFFASIL District- Saran
                   ======================================================
                   Babita Devi W/o Kameshwar Mahto, R/o Village- Sanrha, P.S.- Chapra
                   Muffasil, District- Saran.
                                                                      ... ... Petitioner
                                              Versus

              1.   The State of Bihar through the Director General of Police, Patna, Bihar.
              2.   The Director General of Police, Patna, Bihar Bihar
              3.   The Superintendent of Police, Saran at Chapra. Bihar
              4.   The S.H.O. Chapra Mufassil, P.S. Saran Bihar

                                                             ... ... Respondents
                   ======================================================
                   Appearance :
                   For the Petitioner/s   :        Mr. Ravish Mishra, Advocate
                   For the Respondent/s   :        Mr. Prabhat Kumar Verma, Advocate
                   ======================================================
                   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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