IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29010 of 2010 SARASWATI DEVI Versus THE STATE OF BIHAR & ORS ----------- 2. 25.08.2010 This is an application for restoration of Cr. Misc. No. 40176 of 2009 which itself was a restoration application in Cr. W.J.C. No. 293 of 2008 which stood dismissed on account of non-prosecution on 11.8.2009 as nobody had appeared on repeated calls. The Cr. Misc. No. 40176 of 2009 was also dismissed on account of non-prosecution 03.05.2010 as nobody had appeared for the petitioner. As to the reason for non-appearance of the said Cr. Misc. No. 409176 of 2009 it is submitted that the counsel for the petitioner had suddenly suffered from diarrhea, hence, he did not attend the court on that day. But any medical certificate has not been filed. Moreover it appears to be a case of grave and repeated laches on the part of the petitioner while prosecuting the Cr.W.J.C. No. 293 of 2008 which stood dismissed for non-prosecution and thereafter, the Cr. Misc. No. 40176 of 2009 was filed for its restoration but the same was also not sincerely pursued. In such view of the matters, I do not find it a fit case for allowing restoration of the Cr. Misc. No. 40176 of 2009. Accordingly, the prayer is refused and the Cr. Misc. No. 29010 of 2010 stands dismissed. (C. M. Prasad, J.) Ravi/-