Patna High Court

HARISHANKAR GUPTAversusTHE UNION OF INDIA Through the Principal Secretary, Ministry of Home Affairs, Government of India,

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

Holding

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

Summary

Harishankar Gupta filed a criminal writ petition in the Patna High Court challenging actions of the Union of India and officials of the Narcotics Control Bureau. The petition was scheduled for hearing, but the petitioner did not appear, nor was any counsel retained on his behalf. The Union of India was represented by counsel, and the court noted the petitioner’s apparent loss of interest in the case. The judge examined the record and observed that the petitioner had failed to prosecute the petition despite multiple opportunities. Consequently, the court dismissed the petition on the ground of non‑prosecution. The dismissal was entered without any substantive examination of the merits.

Issues considered

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

Subjects

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

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Writ Jurisdiction Case No.898 of 2022
                   ======================================================
                   Harishankar Gupta S/o Late Badri Prasad Gupta, Resident of Mohalla-
                   Paigambarpur, Village, Post and P.S.- Bindki, District- Fatehpur, Uttar
                   Pradesh.
                                                                                 ... ... Petitioner
                                                     Versus
              1.    The Union of India Through the Principal Secretary, Ministry of Home
                    Affairs, Government of India, Department of Internal Security, Bihar.
              2.   The Director, Narcotics Control Bereaue, D and E Block, 4th Floor, Karpuri
                   Thakur Sadan CGO Complex Rajeev Nagar Patna- 800025, Bihar.
              3.    The Superintendent, Narcotics Control Berue, Patna Zonal Unit, D and E
                    Block 4th Floor Karpuri Thakur Sadan, CGO Complex, Rajeev Nagar, Patna-
                    800025.
                                                                          ... ... Respondents
                   ======================================================
                   Appearance :
                   For the Petitioner/s   :       None
                   For the Respondent/s   :       Mr. Krishna Nandan Singh (A.S.G.)
                   For the UoI            :       Ms. Punam Kumari Singh, CGC
                   ======================================================
                   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 Union of India 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.

                                    3. Hence, the present petition is dismissed for non-

                     prosecution.


                                                             (Arun Kumar Jha, J)

Shahnawaz/-

U     T

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