IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13393 of 2009 AMLA DEVI Versus STATE OF BIHAR & ORS ----------- 02. 08.04.2009 Heard both sides. The present application has been filed seeking recall of the order dated 15.01.2009. The order dated 15.01.2009 reads thus: “Nobody appears to press this application. On 6.1.2009 the following order was passed. Nobody appears on calls. Instead of dismissing this appeal for default, the matter is directed to be listed after one week.” As nobody has appeared today, this application is dismissed in default.” In the application seeking restoration, the petitioner in paragraph no.3 has stated as under: “3. That, the case was running on the cause list before the Bench of the above mentioned Hon’ble Judge, but due to mistake it could not be marked on the cause dated 15.01.2009. As such when the case was called out no one on behalf of the petitioner could appear in court, resulting its dismissal for want of prosecution”. There is no sufficient explanation. The application seeking restoration is rejected Sym/ (Kishore K. Mandal, J.)