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Patna High Court – Orders
Md. Rustam vs State Of Bihar &Amp; Ors on 18 March, 2011
                   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

passed.

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 )
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