IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13392 of 2009 VIJAY PRAKASH SINGH Versus STATE OF BIHAR & ORS ----------- 02. 08.04.2009 Heard both sides. The present application has been filed seeking recall of the order dated 15.01.2009. The order dated 15.01.2009 reads thus: “No one appears on calls. On 6.1.2009 the following order was passed. “Nobody appears on calls. Instead of dismissing this appeal for default, the matter is directed to be listed after one week.” As nobody appears today, this application is dismissed in default.” In the application seeking restoration, the petitioner in paragraph no.3 has stated as under: “3. That, the case was running on the cause list before the Bench of above mentioned Hon’ble Judge, but due to mistake it could not be marked in the cause list dated 15.01.2009. As such when the case was called out, no one on behalf of the petitioner could appear in court, resulting its dismissal in non-prosecution”. There is no sufficient explanation. The application seeking restoration is rejected. Sym/ (Kishore K. Mandal, J.)