BISHNU SHANKAR SHARMA @ VISHNU SHANKAR SON OF RAMADHAR SHARMA Vs. STATE OF BIHAR AND RANJANA PATHAK WIFE OF DEVENDRA PATHAK

JUDGEMENT

(1.) No one appears on behalf of the petitioner.

(2.) The present petition was filed for quashing of order dated 23.1.2004 passed by Shri Ashok Kumar, Judicial Magistrate, Patna. By the said order, learned Magistrate had issued summon to the petitioner to face trial. From the F.I.R. i.e. Annexure-1 to the petition i.e. Patliputra P.S. Case No. 67 of 2001, it is evident that the petitioner was named along with Mithilesh Sharma and others. However, after investigation, the police accepting the plea of ali bi of the petitioner did not forward him to face trail. Other accused was sent for trial. Subsequently, after examination of one prosecution witness, a petition was filed under Section 319 of the Cr.P.C. to summon this petition to face trial. The learned Magistrate, after examining the evidence of P.W.1 and other materials available on record accepting the plea of informant, has passed order dated 23.1.2004 for issuance of summon to the petitioner to face trial. The learned Magistrate, while passing the impugned order, has assigned a detailed reason and he had also examined the evidence and materials available on record. I do not find any error in the impugned order.

(3.) By order dated 27.11.2004, while issuing notice to opposite party No. 2, this Court had directed that in the meantime, further proceeding in court below so far as petitioner is concerned, shall remain stayed. Order of stay is still continuing. It appears that after obtaining the order of stay, the petitioner has lost his interest in the present case.