IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45132 of 2008 AMIT KUMAR GUPTA Versus STATE OF BIHAR ----------- 2. 12.11.2008 This application has been filed for restoration of Cr. Misc. No. 23866 of 2008 which was dismissed on 30.09.2008 on account of non-prosecution. It is itself mentioned in the petition that junior counsel had appeared in this case and prayed for one week’s time which was refused by this Court. And, thereafter, the junior counsel again prayed one day’s time but the same was also refused but the case was not argued and the same was dismissed on account of non-prosecution. The learned counsel for the petitioner further mentioned in the petition that the advocate on record in that case was engaged in another Court and that after completing his arguments in the Court, he had appeared before this Court and prayed for hearing of that case. But the prayer was not allowed, hence, the order of dismissal has already been passed. The learned counsel for the petitioner says that the counsel on record was engaged in another Court. Be that as it may, but it also appears from the statement of the petitioner himself that the junior counsel who has appeared on that day had not informed this court about the advocate on record being engaged in another Court and that he had prayed for one week’s time and after refusal of his prayer, he again prayed for one day’s time and when his prayer was also refused and then the case was not argued and it was dismissed on account of non-prosecution. In view of the above, I do not find any proper and - 2 - reasonable grounds for restoration of the Cr. Misc. No. 23866 of 2008 as prayed for. In the result this restoration application is dismissed. (C.M. Prasad, J.) Ravi/-