1 D.B.Civil Special Appeal No.699/2008 Lal Chand V/s State of Raj. & ors. 6.8.2008 Hon'ble the Chief Justice Mr.Narayan Roy Hon'ble Mr.Justice Mohammad Rafiq Mr.Satish Pachori for the appellant. Heard learned counsel for the appellant. This appeal has been filed against order dated 10.5.2007 whereby and whereunder restoration application was dismissed. It appears that the writ application filed on behalf of the appellant was dismissed for non- prosecution on 19.9.2006. Twice prayer made on behalf of the writ petitioner-appellant for recalling of order dated 19.9.2006 was considered and rejected. From the writ application, it appears that a prayer was made for issuance of writ upon the respondents to give full medical facilities and interim maintenance to the writ petitioner and further to pursue the matter promptly to frame the charges under section 307 of the Indian Penal Code. The learned Single Judge of this Court however dismissed the writ application, seeing such prayer, for non-prosecution. The discretion exercised by the learned Single Judge of this Court in the given facts and circumstances of the case thus in our view, need not be interfered with. This appeal accordingly is dismissed. (Mohammad Rafiq)J. (Narayan Roy)C.J. Parmar