IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.737 of 2009 ASGAR MIYAN Versus THE STATE OF BIHAR & MADINA KHATOON ----------- 2 22.05.2009. Heard learned counsel for the petitioner and learned Additional Public Prosecutor representing the State. The petitioner is aggrieved by order dated 28.1.2009, whereby his petition dated 19.3.2008 for recalling the ex-parte order dated 23.2.2008, was dismissed for non prosecution. The ex-parte order of maintenance was allowed against the petitioner. The petitioner filed a petition on 19.3.2008 for recall of the said order which was rejected. Thereafter he filed Cr Rev no. 1054 of 2008 which was permitted to be withdrawn with direction to the court below to dispose of the petition dated 19.3.2008 within two months of the date of receipt of copy of the order. A copy of the order was received by trial court on 8.11.2008. However inspte of opportunity, no one appeared for petitioners to press the application dated 19.3.2008 and as such, the same was dismissed. Learned counsel submits that the court was insisting on physical appearance of the petitioner. It would appear from order dated 28.1.2009 that no one appeared to press the application dated 19.3.2008, as such, the trial court rightly dismissed the same in view of observation of this Court in Cr Rev No. 1054 of 2008. I do not find any merit in the case of petitioner and as such revision application is dismissed. The petitioner may avail any other remedy against his grievance. Shashi. (S.P.Singh,J).