IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Criminal Miscellaneous Petition No.1882 of 2007. In S.B. Criminal Appeal No.678 of 1995. Bhawani Singh son of late Shri Narayan Singh VERSUS State of Rajasthan Date Of Order ::: 19/03/2008. Hon'ble Mr. Narendra Kumar Jain J. Mr. Pramod Kumar Sharma, Counsel for the Petitioner Mr. Shyam Arya, Public Prosecutor for the State. BY THE COURT : Heard learned counsel for the parties. Learned counsel for the petitioner has filed this application under Section 482, Cr.P.C. for recalling of the order dated 12.09.2005 passed by this Court in S.B. Criminal Appeal No.678 of 1995. There is delay in filing this application for recalling of the order, therefore, an application under Section 5 of the Limitation Act has also been filed for condonation of delay. It is relevant to mention here that the accused/appellant died on 30.09.2004 and the application was not moved under Section 394, Cr.P.C. immediately within a period of limitation, as prescribed, but the same was moved on 02.08.2005. There was a delay in filing the application, but no application under Section 5 of the Limitation Act was filed for condonation of delay in filing the application for substitution of legal representatives on record. This Court vide its order dated 18.08.2005 allowed the learned counsel for the appellant two week's time, as prayed for by him, to file an application for condonation of delay in filing the application under Section 394, Cr.P.C., but the needful was not done. The matter was again listed before this Court on 12.09.2005 and one week's time, as last opportunity, was further allowed to the learned counsel for the appellant to do the needful in the matter, failing which the application for taking on record the legal representatives of the appellant as well as appeal shall be deemed to have been dismissed automatically without any further reference to the Court. Counsel for the appellant did not comply with a peremptory order passed by this Court, therefore, the matter was listed before the Deputy Registrar (Judicial) of this Court on 30.09.2005 and the application as well as the appeal, both were dismissed. The present application was filed before this Court on 25.09.2007 after a delay of about one-year-&-ten-months. Learned counsel for the petitioner has still not complied with the direction of this Court given way back on 18.08.2005 and 12.09.2005. In these circumstances, I do not find any ground to recall the order dated 12.09.2005 and to restore the appeal. There is no merit in both the applications filed by the learned counsel for the appellant for recalling of the order dated 12.09.2005 and for condonation of delay in filing the present application for recalling of the order, and the same are accordingly dismissed. (Narendra Kumar Jain) J. ashok/