Criminal Miscellaneous petition filed for restoration of a prior order by recall. The High Court dismissed the appeal for lack of prosecution and failure to demonstrate a sufficient case for recalling the impugned order.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36715 of 2013
====================================================== 1. Gupteshwar Singh S/O Late Shyam Bihari Singh Resident Of Village Ankuri, Police Station Paliganj, District Patna. 2. Bijendra Singh S/O Late Shyam Bihari Singh Resident Of Village Ankuri, Police Station Paliganj, District Patna. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 09-04-2014 Heard learned counsel for the petitioners. Nobody appears on behalf of the State. The application seeks restoration of Cr. Misc. No. 22532 of 2011 by recall of the order dated 14.02.2013 which reads as under:-
“Despite repeated calls, nobody appears on behalf of the petitioners to press this application.
This matter was considered on 6.2.2013 when the following order was passed.
“No one appears on behalf of the petitioners to press this application. Same is the case with the opposite party. Instead of dismissing the application for non-prosecution, the matter is directed to be listed again after one week.”
Patna High Court Cr.Misc. No.36715 of 2013 (2) dt.09-04-2014
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In view of aforesaid, the application is dismissed for non prosecution.”
The said application was filed for quashing the order dated 06.05.2011 passed by learned court below whereby, upon filing of charge sheet, cognizance was taken.
On query, counsel for the petitioner fairly states that the case has now travelled to the stage of hearing. That apart, from the pleadings made in the application this Court is not satisfied that a case for recall of the said order is made out.
The application is accordingly dismissed.
(Kishore Kumar Mandal, J)
HR/-
1 issue framed by the court
Whether an application for restoration of a previous order by recall should be allowed when no case for recall is made out by the pleadings.
Gupteshwar Singh
Bijendra Singh
The State Of Bihar
Kishore Kumar Mandal
As recorded by the court registry
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