Patna High Court

SHOBHA GUPTAversusThe State of Bihar through the Principal secretary Deptt. of Home, Govt. of Bihar, Patna.

Decided: 22 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: ARUN KUMAR JHA

Holding

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

Summary

Shobha Gupta filed a criminal writ petition challenging actions of the State of Bihar and several police officials. No counsel appeared on her behalf throughout the proceedings, and she failed to appear even on the final hearing date. The State's counsel was present and argued the petition. 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 order was pronounced by Justice Arun Kumar Jha.

Issues considered

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

Subjects

criminal writ jurisdiction
non‑prosecution
petition dismissed
procedural default
court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Writ Jurisdiction Case No.887 of 2022
                   ======================================================
                   Shobha Gupta W/o Sri Ghanshyam Prasad Resident of Village - Kuawan,
                   Ward No.8, Chakia, P.s.- Chakia, Distt.- East Champaran.
                                                                                 ... ... Petitioner
                                                      Versus
              1.    The State of Bihar through the Principal secretary Deptt. of Home, Govt. of
                    Bihar, Patna. Bihar
              2.   The Director General of Police, Bihar, Patna. Bihar
              3.   The Senior Superintendent of Police, Distt.- East Champaran. Bihar
              4.   The Officer in charge of Chaka police Station, Distt.- East Champaran.
                   Bihar
              5.   Vijay Kumar Gupta Son of Sri Rameshwar Prasad Resident of Village - C-
                   604 Nandan Tower, Kankarbagh Colony More, P.s.- Kankarbagh, Distt.-
                   Patna.
              6.   Indrani Gupta W/o Vijay Kumar Gupta Resident of Village - C-604 Nandan
                   Tower, Kankarbagh Colony More, P.s.- Kankarbagh, Distt.- Patna.
              7.    Somaya Surekha D/o Vijay Kumar Gupta , W/o Sandeep Kumar Resident of
                    Village - C-604 Nandan Tower, Kankarbagh Colony More, P.s.-
                    Kankarbagh, Distt.- Patna.
                                                                       ... ... Respondents
                   ======================================================
                   Appearance :
                   For the Petitioner/s   :       None
                   For the Respondent/s   :       Mr. Manish Kumar, Advocate
                   ======================================================
                   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 respondent 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

Continue reading with your account

Checking your session…