High Court Patna High Court - Orders

Muneshwar Jha vs State Of Bihar &Amp; Anr on 27 October, 2010

Patna High Court – Orders
Muneshwar Jha vs State Of Bihar &Amp; Anr on 27 October, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.38920 of 2010
                        MUNESHWAR JHA S/O LATE SADANAND JHA
                                                        --- PETITIONER.
                                              Versus
                                  1. STATE OF BIHAR
                    2. SHANTI DEVI D/O SHRI YOGENDRA NATH JHA
                                                             --- OPP. PARTIES.
                                            -----------

02 27.10.2010 Present application has been filed for recall of order

dated 23.09.2010 which reads as under:-

“When the case was taken up again a prayer
for adjournment has been made out.
On 22.04.2009 the following order was
passed:-

“List this case after one week in top twenty
of the list.”

On 06.05.2009, this Court passed the
following order:-

“Let the matter be relegated to the daily
cause list to its original position.”

On 28.04.2010 the following order was
passed:-

“As prayed for by the learned counsel for
the petitioner, by way of last indulgence, put
up after one week under the same heading in
order to enable the learned counsel to file
supplementary affidavit.”

On 21.05.2010 the following order was
passed:-

“As prayed for, matter is passed over for
the day.

It is made clear that no further
adjournment will be granted.”

Accordingly, the application is dismissed
for non-prosecution.”

Having regard to the grounds taken in the

application and submissions made in support thereof I am not

convinced that a case for recall of order dated 23.09.2010 is

made out.

Application is dismissed.

Sym ( Kishore K. Mandal, J.)