IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.29010 of 2010
SARASWATI DEVI
Versus
THE STATE OF BIHAR & ORS
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2. 25.08.2010 This is an application for restoration of Cr. Misc. No. 40176
of 2009 which itself was a restoration application in Cr. W.J.C. No.
293 of 2008 which stood dismissed on account of non-prosecution on
11.8.2009 as nobody had appeared on repeated calls. The Cr. Misc.
No. 40176 of 2009 was also dismissed on account of non-prosecution
03.05.2010 as nobody had appeared for the petitioner.
As to the reason for non-appearance of the said Cr. Misc.
No. 409176 of 2009 it is submitted that the counsel for the petitioner
had suddenly suffered from diarrhea, hence, he did not attend the court
on that day. But any medical certificate has not been filed. Moreover it
appears to be a case of grave and repeated laches on the part of the
petitioner while prosecuting the Cr.W.J.C. No. 293 of 2008 which
stood dismissed for non-prosecution and thereafter, the Cr. Misc. No.
40176 of 2009 was filed for its restoration but the same was also not
sincerely pursued.
In such view of the matters, I do not find it a fit case for
allowing restoration of the Cr. Misc. No. 40176 of 2009.
Accordingly, the prayer is refused and the Cr. Misc. No.
29010 of 2010 stands dismissed.
(C. M. Prasad, J.)
Ravi/-