IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.795 of 2009 MD. RUSTAM Versus STATE OF BIHAR & ORS -----------
02. 18.03.2011 While appearing in support of the application, it is
stated that the order was passed ex parte.
This Court finds from paragraph 2 of the order
impugned dated 20.02.2009 that several opportunities were
granted to the petitioner and thereafter ex parte order was
The claim of the petitioner that order impugned has
been passed without service of notice and/or ex parte then the
remedy lies in approaching the said court for setting aside the
said order in terms of section 126 of Cr.P.C. The petitioner,
therefore, is at liberty to approach the said court within four
weeks from today along with a copy of the present order. If such
application is filed within the aforesaid time, the learned court
below shall consider and dispose of the same on merit in
accordance with law.
The application stands disposed of.
( Kishore K. Mandal )