IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2102 of 2008 KAMAL DEO PANDEY s/o. late Gopal Pandey, village Singhi, P.O. Mohammadpur, P.S. Manjhi, Distt. Saran. At present posted as Saakshar Aarakshi (L.C.) Police Radio, T.S. Building Bailey Road, P.S. Shastri Nagar, Patna on deputation in the office of S.D.P.O., Danapur, Patna. ---------- Petitioner. Versus THE STATE OF BIHAR & ORS ------------ Respondents. 2 19.11.2008 This M.J.C. have been filed for restoration of C.W.J.C. No.8249 of 2007 which stood dismissed on 23.06.2008 on account of non-prosecution because nobody had appeared on repeated calls on behalf of the petitioner. The only ground as stated in the petitioner and also submitted by the petitioner’s counsel is that the counsel Mr. Abdhesh Kumar for the petitioner was out of station as he had gone to Ajmer Sarif the case could not be attended. The records of the C.W.J.C. No.8249 of 2007 shows that the said case had also been earlier dismissed on account of non-prosecution on 5.03.2008 by this Court and the same was restored. It was after restoration of that case that the petitioner again did not appear on 23.06.2008 when the case was listed and taken up for hearing, hence, it was again dismissed on account of non-prosecution. This shows a checkered history of 2 gross negligence and laches without their being any reasonable explanation for non-appearance in the said C.W.J.C. which was dismissed on 23.06.2008 on account of non-prosecution. In the circumstances, I find no reason for allowing this M.J.C. application, hence, the same stands rejected. Mkr. (C.M. Prasad, J.)