Patna High Court dismisses petition for non-prosecution; underscores the procedural necessity of appearance or a formal adjournment request
Summary
| Category | Data |
|---|---|
| Case Name | CWJC/16697/2011 of SHAMBHU KUMAR Vs THE STATE OF BIHAR and ORS |
| CNR | BRHC010292442011 |
| Date of Registration | 21-09-2011 |
| Decision Date | 01-04-2016 |
| Disposal Nature | DISMISS FOR NON-PROSECUTION |
| Judgment Author | Honourable Mr. Justice Rakesh Kumar |
| Court | Patna High Court |
| Bench | Single Judge |
What’s New / What Lawyers Should Note
- The court dismissed the writ petition solely because the petitioner neither appeared to press the petition nor sought an adjournment.
- Reinforces that non-appearance without a formal request for adjournment constitutes non-prosecution.
- Highlights the imperative for counsel to appear on the listed date or promptly seek adjournment to keep the petition alive.
Factual Background
On the scheduled hearing date, no one appeared for the petitioner to press the petition or to apply for an adjournment. Counsel for the State and for the Bihar Staff Selection Commission were present. In view of the petitioner’s non-prosecution, the writ petition was dismissed.
Summary of Legal Reasoning
- At the hearing, the petitioner’s absence without seeking an adjournment amounted to non-prosecution.
- In the absence of any request to continue proceedings, the court exercised its inherent power to dismiss the petition.