Patna High Court
Mukesh KumarversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- PARTHA SARTHY
Holding
The application was dismissed for non‑prosecution as no counsel appeared for the petitioner.
Summary
The petitioner, Mukesh Kumar, filed a writ petition in the Patna High Court seeking a mandamus directing the respondents to stay FIR No. 106/2015 and to prevent harassment, alleging the FIR was illegal, concocted and fabricated. He claimed the respondents were harassing him on account of the FIR. No counsel appeared on behalf of the petitioner on 14 Nov 2024 and again on 5 Aug 2025, while the respondents were represented by AAG‑3, Mr. Prabhat Kumar Verma. The Court observed the petitioner’s complete lack of representation. In view of the non‑appearance, the Court held that the application could not be proceeded with. Accordingly, the petition was dismissed for non‑prosecution.
Issues considered
- Whether a writ of mandamus can be issued to stay a criminal FIR pending trial
- Whether the court can restrain alleged harassment by police officials in the absence of representation for the petitioner
Subjects
- writ jurisdiction
- mandamus
- non‑prosecution
- FIR
- police harassment
- civil writ
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1174 of 2017
======================================================
Mukesh Kumar Son of Girani Yadav, Resident of Village- Bhawanpur-
Koriavna, P.S.- Govindpur, District- Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Director General of Police- cum-I.G. of Police, Bihar, Patna.
3. The D.I.G. of Police, Saran Range, Saran.
4. The S.P. of Saran Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Prabhat Kumar Verma-AAG3
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
5 05-01-2026 1. No one appears on behalf of the petitioner. Learned
counsel for the respondents are present.
2. The petitioner has filed the instant application for
the following reliefs:
“I. For Issuance of an appropriate writ,
order, direction directions or nature in of
"Mandamus" directing and commanding the
concerned respondents Departmental
Proceeding to stay the No. 106/2015 against the
petitioner till the disposal the criminal trial on
the same charges alleged by the department.
IV. For further issuance of an appropriate
writ order or direction in nature of Mandamus
directing and commanding the concerned
respondent not to humiliate or harass the
Patna High Court CWJC No.1174 of 2017(5) dt.05-01-2026
2/2
petitioner on account of the illegal and baseless,
concocted and fabricated F.I.R No. 400/2015
dated 22.11.2015 of Chapra Town Police
Station.
V. For issuance of any other relief or relies
to which the petitioner found entitled to in the
larger interest of justice.”
3. No one appeared on behalf of the petitioner on
14.11.2024 and again on 5.8.2025.
4. As no one appears on behalf of the petitioner, this
application is dismissed for non-prosecution
(Partha Sarthy, J)
Bibhash
U
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