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Patna High Court

NAGENDRA KUMAR CHAURASIYAversusThe State of Bihar through chief Secretary, Govt. of Bihar, Patna, Bihar.

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

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

Summary

The petitioner, Nagendra Kumar Chaurasiya, filed a criminal writ petition (WJC No.889 of 2022) in the Patna High Court challenging actions of the State of Bihar and several police officials. The petition sought relief against the respondents but no counsel appeared on behalf of the petitioner throughout the proceedings. On the scheduled hearing date of 22‑01‑2026, the petitioner again failed to appear, indicating a loss of interest in pursuing the case. The learned counsel for the State respondents was present, and the court examined the record. Observing the petitioner’s persistent non‑appearance, the court concluded that the petition could not be pursued further. Consequently, the High Court dismissed the petition on the ground of non‑prosecution.

Issues considered

  • Whether a criminal writ petition can be entertained when the petitioner fails to appear and prosecute the case

Subjects

  • criminal writ
  • non‑prosecution
  • petition dismissed
  • procedural default
  • Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Criminal Writ Jurisdiction Case No.889 of 2022
                 ======================================================
                 Nagendra Kumar Chaurasiya Son of Banarsi Prasad Chaurasiya Resident of
                 Village - Navtola, P.O.- Mathurapur, Ward No. 16, P.S.- Khagaria, District –
                 Khagaria.

                                                                              ... ... Petitioner
                                                   Versus

           1.    The State of Bihar through chief Secretary, Govt. of Bihar, Patna, Bihar.
                 Bihar
           2.    The Director General of Police, Bihar, Patna. Bihar
           3.    The Inspector general of Police, Munger, Range, Munger. Bihar.
           4.    The Senior superintendent of Police, Khagaria. Bihar
           5.    The Deputy Superintendent of Police, Town, Khagaria. Bihar
           6.    The Station House officer, Town P.S. Khagaria, District - Khagaria Bihar.
           7.    Sri Kanti Kishore Chaurasiya Son of Late Barnarsi Prasad Chaurasiya
                 Resident of Village - Navtola, P.O.- Mathurapur, Ward No. 16, P.S.-
                 Khagaria, District - Khagaria.
           8.    Sri Simpy Devi W/o Gopal Krishna Chaurasiya Resident of Village -
                 Navtola, P.O.- Mathurapur, Ward No. 16, P.S.- Khagaria, District - Khagaria.
           9.    Smt. Lalita Devi W/o- Sri Kranti Kishore Chaurasiya Resident of Village -
                 Navtola, P.O.- Mathurapur, Ward No. 16, P.S.- Khagaria, District - Khagaria.

                                                           ... ... 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 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 his case.
          Patna High Court CR. WJC No.889 of 2022(4) dt.22-01-2026
                                                      2/2




                                    3. Hence, the present petition is dismissed for

                    non-prosecution.


                                                             (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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