Created by Fuzzy Cloud

Patna High Court

MINA DEVIversusThe State of Bihar

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

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

Summary

Mina Devi filed a criminal writ petition in the Patna High Court challenging actions of the State of Bihar and police officials. No counsel appeared on her behalf throughout the proceedings, including the final hearing. The State was represented by counsel. The court observed that the petitioner had lost interest in the case due to her non‑appearance. Consequently, the court dismissed the petition on the ground of non‑prosecution. The dismissal was ordered without any substantive examination of the merits.

Issues considered

  • What is the appropriate consequence when a petitioner fails to appear or prosecute a writ petition?

Subjects

  • non‑prosecution
  • petition dismissed
  • court procedure
  • criminal writ jurisdiction
  • failure to appear

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Writ Jurisdiction Case No.861 of 2022
                     Arising Out of PS. Case No.-100 Year-2022 Thana- MUSAHARI District- Muzaffarpur
                   ======================================================
                   Mina Devi W/o Ramchandra Paswan, Resident of village- Badi Kothiya, P.S.-
                   Mushari, District- Muzaffarpur.
                                                                            ... ... Petitioner
                                                   Versus
              1.    The State of Bihar
              2.   The State of Bihar through Director General of Poice, Bihar, Patna. Bihar
              3.   The Inspector General of Police, Weaker Section, Muzaffarpur Bihar
              4.   The Superintendent of Police, Muzaffarpur. Bihar
              5.   The S.H.O, Mushari Police Station, District Muzaffarpur. Bihar
              6.    Kaushal Kishore Sinha, S.I Mushari Police Station, District Muzaffarpur.
                    Bihar
                                                                          ... ... Respondents
                   ======================================================
                   Appearance :
                   For the Petitioner/s    :       None
                   For the Respondent/s    :       Mr. Md. Nadim Seraj, GP-5
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                         ORAL ORDER

4   22-01-2026                      On call, no one appears on behalf of the petitioner.

                     However, learned counsel for the State is present.

                                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.