IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37213 of 2008 PRAVAWATI DEVI Versus THE STATE OF BIHAR & ORS ----------- 5 8-4-2009 Heard learned counsel for the petitioner and learned counsel for the State in respect of his prayer for restoration of Cr.W.J.C.No. 840 of 2006. There is a vague and casual mention that on 5-1-2007 counsel for the petitioner was ill but there is no document or any detail to show that what kind of illness had developed on that date. It is further noticeable that there is no averment that counsel had no knowledge that the list was not marked on that date and there is no explanation why no lawyer- friend could be instructed to ask for adjournment. We have considered the aforesaid aspect in depth only because the order sheet of Cr.W.J.C. 840 of 2006 shows that even prior to 5-1-2007 also no one had appeared on behalf of the petitioner but the Court adjourned the matter to enable the State to file a counter- affidavit because the prayer in the writ petition was for issuance of a writ of habeas corpus for directing the police to produce a minor son of the petitioner. There is no explanation why the counsel for the petitioner did not appear on 18-12-2006. It also appears that admittedly, petitioner and her family members were already accused in a criminal case being investigated by the local police and it is surprising that no steps have been taken by the petitioner for the production of the alleged missing boy during last - 2 - Naresh three years or more byp filing another criminal writ petition. In the facts of the case, we are of the view that there is no good and sufficient cause to explain the non-appearance of the counsel on two consecutive dates which left no option for the Court but to dismiss the writ petition. Hence, the prayer for restoration is rejected and this application is dismissed. It goes without saying that if there is subsisting valid cause of action, petitioner is always at liberty to pursue his remedy through an appropriate proceeding in accordance with law. ( Shiva Kirti Singh,J) ( Ajay Kumar Tripathi,J)