IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16413 of 2009 Prakash Kumar Sikaria, son of Sri Jagdish Prasad Sikaria, resident of Old Exchange Road, P.O. & P.S. Raxaul, East Champaran, Proprietor of M/S. Supreme Pharma ------------- Petitioner Versus THE STATE OF BIHAR & ANR ----------- 2 29-04-2009 The second restoration application has been filed by the petitioner for restoration of the quashing application, bearing Cr.Misc.No.50929 of 2006 which stood dismissed for non-prosecution for the second time on 19.8.2008. The casual manner in which the case has been conducted is writ large by the fact that the case was earlier dismissed for non-prosecution on 24.5.2007 and after restoration time was being taken casually till its second dismissal on 19.8.2008. The reasons stated on both occasions that “List could not be marked” It appears to be strange phenomenon that the learned counsel for the petitioner that on both occasions the same story is repeated, namely, that the “list could not be marked”. However, be that as it may the original Cr.Misc.No.50929 of 2006 shall stand restored to its original file provided that a sum of Rs.51/- is paid in the coffers of the Advocate Association within a period of one week and the receipt thereof is filed within the same time. The application is allowed subject to the condition as laid down above. NKS/- (Abhijit Sinha J.)