IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1785 of 2009 RAMESHWAR PASWAN @ MOHARAI PASWAN, S/o late Diplal Paswan, R/v. Chandi Chowk, P.S. Chandi, Dist. Bhojpur, Ara. Versus 1. THE STATE OF BIHAR 2. Gyatri Devi, W/o Sri Rameshwar Paswan @ Moharai Paswan, D/o late Dukhan Paswan, R/v. Chandi Chowk, P.S. Chandi, Dist. Bhojpur, Ara. ----------- 3/ 21.12.2009 Heard learned counsel for the petitioner and learned counsel for the State. Impugned order dated 10.04.2006 concerns with proceeding of the case ex parte. The same is filed on 16.11.2009 after a period of more than three years. Petition for condonation of delay is also on record for its consideration. Now, a report has come that the original case in which this order for proceeding ex parte was passed is finally decided though ex parte. Maintainability of revision petition was also doubted to be answered before condonation of delay and on that point, submission of the learned counsel for the petitioner is that in Cr. P.C., there is no provision for recalling of any order. So, order for proceeding ex parte also could not be recalled may be of some substance but now, final decision of the case for further grievance of the petitioner came in picture. That order is admittedly revisable and in revision against the final order, petitioner is entitled to 2 raise the mistakes at intermediary stages or at earlier stages which will be free from limitation also. With such observation, this revision petition is disposed of directing the petitioner to challenge the final ex parte order in which he will raise the illegality committed for proceeding ex parte in the impugned order. Shail ( Mandhata Singh, J.)