IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14442 of 2010 ANIL KUMAR Versus THE STATE OF BIHAR & ors. ------ 3/ 28.04.2010 This application is filed for restoration of Cr. Revision No. 722 of 2007 which was dismissed for non-appearance. Submission of the learned counsel for the petitioner is that there was sufficient material on record/observation in impugned order justifying call for the lower Court records for exercising power of revision. Learned counsel could not come to point out those points while on call as the case was not noticed by him due to his mistake. The application under Section 319 of Cr. P.C. is refused simply on the ground that the case was in a concluding stage and re- examination of all the examined witnesses could also be necessary, which is not the spirit of section 319 of Cr. P.C., though power is like exceptional but rejection should be made considering the merit of the evidence adduced for involvement of any additional accused. Taking that into consideration, the restoration application is allowed and the Cr. Revision No. 722 of 2007 is restored to its original file. shail (Mandhata Singh, J.)