Patna High Court - Orders
The State Of Bihar Through District, ... vs Maksudan Singh & Ors. on 22 June, 2012
Author: Shivaji Pandey
Bench: Shivaji Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8860 of 2011
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The State Of Bihar Through District, Gopalganj
.... .... Petitioner/s
Versus
Maksudan Singh & Ors.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Avinash Kumar, S.C. XI.
For the Opposite Party/s : Mr. A.P.P.
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
2 22-06-2012Heard learned counsel for the petitioner and learned counsel for the State.
This application has been filed for quashing the order dated 30.8.2010 passed in Original Trial Case No. 32 of 2008 by the learned Additional District Judge I, Gopalganj, by which application filed by the prosecution under section 319 of the Code of Criminal procedure for summoning the accused persons has been rejected.
Learned counsel for the petitioner submits that a person can be summoned for trial even after discharge if evidence through witnesses comes during the trial. He has relied on the judgment in the case of Michael Machado and another Vs. Central Bureau of Investigation and another, reported in 2000(3) SCC 262.
Issue notice to opposite party nos. 1 to 5 under ordinary process as well as registered cover with A/D for 2 Patna High Court Cr.Misc. No.8860 of 2011 (2) dt.22-06-2012 2/2 which requisites etc. must be filed within a period of two weeks, failing which this application as against them shall stand rejected without further reference to the Bench.
Vinay/- (Shivaji Pandey, J)